
Book -y^^ 



OB'FICIAL DONATION. 



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' A>>-Ajejis^ ■ , -^-^o^MA ^ '^'if^AjJ^^ J kX^ ' 



LAWS OF 1887, 



RELATINa TO 



PUBLIC SCHOOLS 



Democrat Printing Co., State Printers. 



JBBAHY OF CONGRESS, 

KEC&IVED 

AUG 9i90] 

DIVISION OF DOCUMENTS. 






~ii 



& LAWS RELATING TO PUBLIC SCHOOLS. 



SESSIOISr LAWS OF 1887. 

Office of State Superintendent, 

Madison, Wis., May 16, 1887. 

The attention of all officially connected with the public 
schools of Wisconsin is hereby called to the important 
changes made in the school laws by the general laws of 
1887. 

A copy of each law amended, as it now reads, and a copy 
of each additional statute enacted in 1887, is published 
herein. 

The changes included in these laws relate to the follow- 
ing matters: 

I. Provision for a limited number of the Railroad 
Map of Wisconsin for distribution among the 
schools of the state. 
II. Providing that complaints for violation of the 
compulsory attendance act may be made by 
any legal voter of the ^district, or of any town, 
city or village when the schools are managed 
by a board of education, and directly to the 
magistrate having jurisdiction; and repealing 
the section requiring school officers to prose- 
cute offenses under the act. 
III. Providing that teachers' second grade certificates 
shall remain in force two years, and first grade 
certificates four years; also for the transfer of 
examination papers written in one county to 
any other county, under certain circumstances. 
III. Authorizing county superintendents of schools to 
reside at county seats, although not within their 
jurisdiction, without vacating the office. 



lY. Requiring district clerks to report the names and 
ages of children residing in the district in the 
census annually taken by those officers. 
V. Providing that when the first Monday in July is 
a legal holiday, the annual meeting of school 
districts shall be held on the day next succeeding. 

YI. Authorizing school districts to borrow money to 
refund indebtedness, for a period of twenty 
years. 
YII. Requiring school districts, at the annual meeting 
every year, to vote upon the question of fur- 
nishing text-books free for the use of pupils. 
YIII. Requiring town clerks to apportion the school 
money among the districts entitled to share 
therein in proportion to the number of persons 
of school age residing therein at the time the 
apportionment is made. 

IX. Forbidding apportionment of school money to any 
town^ city or village which failed to raise by 
tax during the preceding year an amount equal 
to that received from the state at the preceding 
apportionment. 
X. Township system of school government: 

1. Providing for two regular meetings annually 

of town boards of directors, and the time 
and places of holding the same. 

2. Providing for special meetings of the town 

boards of directors, manner of calling the 
same, and for the reimbursement of mem- 
bers for expenses attending meetings. 

3. Defining a quorum, and prescribing the man- 

ner of electing officers and filling vacancies. 

4. Specifying powers and duties of the board of 

directors and of the executive committee of 
the board. 

5. Specifying duties of the secretary of the board. 

6. Providing for annual meetings of sub-districts 

in July, and annual jeports by sub-district 
clerks similar to those made by independent 



district clerks, and annual census of the per- 
sons of school age in each sub-district. 

7. Prescribing the method of collecting and dis- 

bursing taxes in joint sub-districts. 

8. Providing manner of organizing independent 

district system, when towns vote to abolish 
the township system. 
XI. Submitting to the people an amendment of the 
constitution of the state of Wisconsin, relajiing 
to education. 
XII. Authorizing the state superintendent to counter- 
sign diplomas of graduates of university of 
Wisconsin who have taken the course in science 
and art of teaching in that institution, after the 
holder shall have taught a public school in this 
state successfully eight months. 

XIII. Authorizing any school district board insuring 

district property in a town insurance company 
to execute a note for the premium. 

XIV. Providing for a township system of district school 

libraries. 
XV. Amending the law of 1883 relating to applications 
for alterations of boundaries of joint school dis- 
tricts, so that petition of two-thirds of the voters 
in any one district interested is sufficient for the 
purposes of that act. 
XVI. Providing that where teachers teach school upon 
a legal holiday, in settlement for wages that 
day shall be counted but one day. 
XVII. Authorizing the land commissioners of the state 
to loan money from the trust funds of the state 
to school districts, at the rate of six per cent, 
per annum. 
A sufficient number of these pamphlets is sent to each 
town clerk to supply his own office with one copy, and each 
school district clerk residing in the town with one copy. If 
any town clerk fails to receive a sufficient number to supply 
as above indicated, more will be sent on application. 

J. B. THAYER, 

State Superintendent. 



CHAPTER 22. 

AN ACT to amend chapter 258, of the laws of 1883, entitled 
an act to provide for the annual publication of a railroad 
map and appropriating money therefor. 

The people of the state of Wisconsin,. represented in senate 
and assembly, do enact as follows: 

Section 1. Section 1, of chapter 258, of the laws of 1883, 
is hereby amended so as to read as follows: There shall be 
published arnually, under the supervision of the railroad 
commissioner, four thousand copies of the railroad map of 
Wisconsin; two thousand copies to be distributed with the 
annual report of the railroad commissioner, one thousand four 
hundred copies to be mounted on muslin and provided with 
rollers, to be distributed by the state superintendent of pub- 
lic instruction among the schools of the state, and the re- 
mainder to be distributed by the railroad commissioner. 
There shall also be published thirty-five hundred copies of 
said map over and above the number hereinbefore provided 
for, for the use of each legislature biennially hereafter. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

The maps herein provided for and designated for the 

schools are distributed through the county superintendents. 

It will require several years to supply all the districts with 

a copy. 

CHAPTER 73. 

AN" ACT to amend section 4, of chapter 121, general laws 
of 1879, entitled, "an act to secure to children the benefit 
of an elementary education," and to repeal section 5, of 
the same chapter. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 4, of chapter 121, of the general laws 
of 1879, entitled, "an act to secure to children the benefit of 
an elementary education," is hereby amended to read as fol- 
lows: Section 4. In case any parent, guardian or other 
person shall fail to comply with the provisions of this act, 
said parent, guardian, or other person shall be liable to a 
fine of not less than five nor more than ten dollars for the 
first offense, nor less than ten nor more than twenty dollars 
for each and every subsequent offense. Complaints for 
violation of the provisions of this act may be made by any 
legal voter in the school district wherein the offense is com- 



mitted; or in cases where the schools are under the manage- 
ment of a board of education, by any legal voter of the town,, 
village or city wherein the offense is committed. The 
action shall be brought in the name of the state of Wiscon- 
sin, before any justice of the peace, or any court having 
competent jurisdiction, and all fines collected in such actions 
shall be paid into the school fund. 

Section 2. Section 5, of chapter 121, general laws of 1879, 
is hereby repealed. 

Section 3. This act shall take effect and be in force from 
and after its passage and publication. 

Heretofore school district officers were required to prose- 
cute delinquents under the compulsory attendance act, when 
written notice of delinquency was served upon them by any 
legal voter or tax- payer. Legal voters must now make com- 
plaint directly to the magistrate, and school officers are 
relieved of the duty of prosecuting offenses. 



CHAPTER 79. 

AN ACT to amend section 449, of chapter 27, of the revised 
statutes, as amended by chapter 327, general laws of 1885» 
and section 450, of chapter 27, of the revised statutes, en- 
titled, " of common schools." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 449, of chapter 27, of the revised stat- 
utes, as amended by chapter 327, general laws of 1885, is 
hereby amended to lead as follows: Section 449. There are 
hereby, established three grades of teachers' certificates, to 
be known as certificates of the first, second and third grades. 
Each certificate shall show the branches in which the 
holder has been examined, and his relative attainments in 
each branch. No • person shall receive any certificate who 
is known to the examining officer to be of immoral char- 
acter, who is deficient in learning or ability to teach, or who 
does not write and speak the English languagf^ with facility 
and correctness. 

Section 2. Section 450, of chapter 27, of the revised stat- 
utes, entitled, " of common schools," is hereby amended to 
read as follows: Section 450. Every applicant for a certifi- 
cate shall be examined in the subjects hereinafter mentioned 
for the several grades respectively as follows: For the third 
grade, in orthoepy, orthography, reading, penmanship, arith- 
metic, English grammar, geography, the history of the 
United States, the constitution of the United States, the con- 



8 

'stitution of the state of Wisconsin, physiology and hygiene, 
with special reference to the effects of stimulants and nar- 
cotics upon the human system, and the theory and art of 
teaching. For the second grade in all the foregoing, and 
also in grammatical analysis, physiology, physical geog- 
raphy, and elementary algebra. For the first grade in all 
the foregoing, and also in higher algebra, natural philosophy 
• and geometry, and if found qualified, shall receive the cer- 
tificate appropriate to his grade. A third grade certificate 
shall entitle the holder to teach for such period, not more 
than one year, as may be specified therein, in any town in 
the superintendent district in which he is examined, except 
that it may be limited by the county superintendent to any 
town or school district therein. A second grade certificate 
■ shall entitle the holder to teach in any town in such super- 
iintendent district, and be in force two years from its date. 
.A first grade certificate shall entitle the holder to teach in 
any town in such superintendent district^ and be in force 
four years from its date; but the county superintendent may 
limit the same to one year, and remove the limitation upon 
satisfactory evidence that the holder has successfully taught 
a public school in this state for at least six months. When- 
ever any person has passed a satisfactory examination by 
any county superintendent of any county in this state, and 
obtained a certificate of either grade herein provided for, 
and shall purpose to teach in any other county in this state, 
it shall be lawful for the superintendent holding the papers 
written, upon the request of any county superintendent, to 
transfer to the superintendent requesting the same the 
papers written at the examination at which the certificate 
was obtained, and if found satisfactory, a certificate thereon 
may be issued to be co-terminus with the original certificate 
in the discretion of the county superintendent, of the proper 
grade, to the same effect as though the applicant had been 
examined by the superintendent in person. 

Section 3. This act shall take effect and be in force from 
and after its passage and publication. 

Three important changes in the law are made by the 
■amendments to sections 449 and 450 contained in this act. 
(1). County superintendents are authorized to withhold 
certificates from applicants known to them to be immoral 
in character, and are forbidden to give certificates to per- 
sons manifestly deficient in learning, or in ability to teach. 
(2). Second grade certificates are to be in force two years, 
and first grade certificates four years; the latter, however, 
maybe limited to one year at its issue, if the applicant has 
liad no experience in teaching, and the limitation may be 



removed when experience evidences that the holder is suc- 
cessful and apt as a teacher. (3). Papers of applicants for 
certificates written in one county 'may, in the discretion of 
the county superintendent, be made the basis of a certifi- 
cate in another county, under the conditions and restrictions 
named. 



CHAPTER 80. 

AN ACT authorizing county superintendents of schools to 
reside at the county seat and to keep an office in the court- 
house or other building provided by the county in certain 
cases. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Whenever the county seat of any county in 
this state is located in an independent city, with a separate 
superintendent of schools having Jurisdiction only in such 
city, it shall be lawful for the county superintendent of 
schools to reside in such city and to keep an ofiice in the 
public building or other place provided for that purpose by 
the county, notwithstanding such county seat may not be 
under the jurisdiction of the county superintendent of 
schools. 

Section 2. Whenever any county'in this state shall be di- 
vided into two superintendent districts, and two county su- 
perintendents of schools shall be elected in and for said 
county, it shall be lawful for such county superintendents of 
schools to reside at the county seat of the county in and for 
which they were elected, and keep an oflSce in the public 
building belonging to the county, or other place provided 
for that purpose by the county, notwithstanding such 
county seat may not be within the jurisdiction of either of 
such county superintendents of schools. 

Section 3. This act shall take effect and be in force from 
and after its passage and publication. 

This act permits county superintendents to reside at the 
county seat without vacating the office, if the city is not 
within his jurisdiction, and avoid all questions that might 
arise under the general law — section 962, revised statutes. 



JO 



CHAPTER 95. 

AN ACT relating to the duties of the clerks of school dis- 
tricts in this state. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. That in addition to the duties of the clerks of 
the several school districts of this state, relating'to the tak- 
ing of the census of the school children, as now provided 
by law, the said clerks shall also report the names of the 
children in their respective districts, and the age of each of 
them over the age of four and under the age of twenty 
years. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

This very important change in the law will involve a 
large increase of labor and carefulness upon those who take 
the annual census of the school population, but is justified 
by the greatly increased amount of public money appor- 
tioned upon the basis of this census. School officers will 
find that the blanks for annual reports and the forms of 
affidavits, sent out the present year, conform to the provis- 
ions of this act. 



CHAPTER 96. 

AN ACT relating to the annual meeting of school districts 
and to amend section 425, chapter 27,of the revised statute s, 
entitled ''of common schools," as amended by chapter 69, 
laws of 1882, and chapter 298, laws of 1883. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 425, of chapter 27, of the revised stat - 
utes, as amended by chapter 29, laws of 1882, and chapter 
298, laws of 188^3^, is hereby amended so as to read as follows: 
Se ction 425. The annual meeting in all school districts in 
this state shall be held on the first Monday of Jaly in each 
year. The hour of such meeting shall be seven o'clock in 
the afternoon, unless otherwise provided by a vote of the 
district, duly recorded, at the last previous annual meeting. 
If the first Monday in July is a legal holiday, then said an- 
nual meeting shall be held on the day next succeeding the 
first Monday in July. It shall be the duty of the distric t 



11 

board of each school district in this state to meet on the 
{Saturday immediately preceding the first Monday of July, 
in each year, and carefully examine the account'=i of the 
treasurer, and make up a full and itemized report of all re- 
ceipts and expenditures since the last annual meeting; the 
amount in the hands of the treasurer, or the amount of the de- 
ficit for which the district is liable, and the estimated sum 
which will be required to be raised by taxes for the support 
of the school for the ensuing year; and the amount required 
to pay the interest or principal of any loan due or to become 
due during such year; which report shall be submitted in 
writing at the annual meeting, and recorded at length with 
the action of the meeting thereon, by the clerk, with the 
records of the proceedings of the annual meeting. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

Two cases will arise under this law which will postpone 
the annual meetings until Tuesday evening following the 
first Monday in July, viz. : when the first Monday in July is 
the fourth day of July, as will be the fact the present year; 
and when the fourth day of July occurs on Sunday, imme- 
diately preceding the first Monday in July, and Monday is 
then made by law a legal holiday, as the fact was in 1886. 



CHAPTER 231. 

AN ACT to provide for refunding the indebtedness of 
school districts. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Any school district may, by vote at an annual 
or lawfully called special meeting, authorize the district 
board to borrow money for the purpose of refunding its in- 
debtedness upon loans previously made. A written resolu- 
tion shall be presented and read at such meeting specifying 
the amount to be borrowed, the rate of interest and the time 
when each installment of principal shall be paid and the 
amount of each installment; the last installment of princi- 
pal, however, shall be payable in not exceeding twenty years 
from the time the indebtedness was originally contracted. 
The vote on such resolution shall be taken by ballot. The legal 
voters favoring the adoption of such resolution shall cast a 
ballot on which shall be the words, "for the loan;" those op- 
posed shall cast a ballot on which shall be the words, 
"against the loan." If a majority of the votes cast are in 



12 

favor of the loan, the district board shall be thereupon au- 
thorized to borrow such amount from any person or persons 
on such terms as may be agreed upon, not in conflict with the 
directions contained in such resolution and not prohibited 
by law; and the board shall execute the bonds or other obli- 
gations of the district, in such sums not exceeding the 
amount so voted as to the board shall seem best, and deliver 
the same to the person or persons lending such money. The 
district shall also levy a tax to be collected annually 
thereafter sufficient to pay the annual interest on such 
loan, and the installments of the principal to be paid in 
any year. 

Section 3. After any such loan shall have been made, 
such vo^e shall not be rescinded or reconsidered, nor shall 
the collection of such tax be obstructed, and the tax when 
collected shall be applied exclusively to the payment of 
such indebtedness. 

Section 3. The money borrowed by authority of this 
chapter shall be paid into the district treasury, and shall be 
expended solely for the purposes for which it was borrowed. 

Section 4, This act shall take effect and be in force from 
after its passage and publication. 

This law relates only to refunding loans previously made, 
not to loans made in the first instance by school districts, 
and authorizes such districts to extend the period for twenty 
years during which the loan is to be paid. 



CHAPTER 266. 

AN ACT to provide for a vote to be taken on the question 
of free text-books in public schools. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. At the annual meeting of every school dis- 
trict in the state, heldin Jaly, 1887, and annually thereafter 
at such meetings, the question of providing free-text books 
for the use of all pupils attending the public schools in the 
district and levying a tax sufficient to meet the expense of 
furnishing free-text books for the use of such pupils, shall 
be submitted to the legal voters present at such meeting, 
and a vote taken thereon. The chairman of each meeting 
shall direct the vote to be taken before entertaining a mo- 
tion to adjourn the meeting sine die, and upon demand of 
any five legal voters present the vote shall be taken by 
ballot if a written resolution upon the question is submitted, 
and the ballot of those favoring the resolution submitted 



13 

shall have thereon the word "yes," and the ballot of those 
opposed to the resolution submitted shall have thereon the 
word "no." 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

Subdivision 13 of section 430, of the revised statutes, per- 
mits school districts to authorize the district board to pur- 
chase text-books for use in the public schools, to be loaned, 
or furnished pupils under such conditions as by vote, and 
regulations of the board thereunder, may be prescribed. 
Under authority of that provision, districts may byvote 
authorize the board to purchase books, and loan them to 
pupils for a stipulated rental per month, term or year, 
or sell them to pupils at cost or more, or furnish them 
for use without charge. 

This law requires districts to vote directly at each annual 
meeting upon the question of providing the text-books for 
the use of pupils free, and levying a tax to meet the ex- 
pense. 

CHAPTER 275. 

AN ACT to amend section 558, of chapter 28, of the revised 
statutes, entitled, " of the distribution of the school fund 
income." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 558, of chapter 28, of the revised stat- 
utes, entitled, "' of the distribution of the school fund in- 
come," is hereby amended so as to read as follows: Section 
558. The town clerk shall apportion all school money re- 
ceived from the state, and also all raised by the town, 
among the several districts and parts of districts within 
the town, in proportion to the number of children between 
the ages of four and twenty years residing in each, taking 
such number from the last annual reports of their respective 
clerks. But if, after the date of such reports, any district 
shall have been altered or a new one formed, so as to render 
an apportionment founded on such annual reports unjust 
between any district, the town clerk shall ascertain the 
number of such children residing in each district thus altered 
» and formed, by the best evidence within his reach, and ap- 
portion the school money to such districts in proportion to 
the number of such children residing therein at the time 



14: 

the apportionment is made; provided, however, that the 
town clerk shall not include any children in his apportion- 
ment to such districts who would not have been entitled to 
share in the apportionment it' they had remained in the dis- 
tricts divided. No money shall be apportioned to any dis- 
trict, or part of adistrict, except as herein provided and as 
provided in section 554, of this chapter, by the discretion of 
the state superintendent, unless the last annual report 
thereof, verified by the affidavit of the district clerk, shall 
show that all school money received from the state during 
the year ending with the date of such report, has been ap- 
plied to the payment of the wages of a legally qualified 
teacher, and that a school has been taught in such district 
by such a teacher, for at least six months during the year 
ending with the date of such report; but any time which 
such report shall show was spent by such teacher in atten- 
dance on an institute in the county, and given by the dis- 
trict board without deduction from such teacher's wages 
therefor, shall be included as part of such six months. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

This section is amended to provide for the apportionment 
of public funds by town clerks to districts which are formed 
or altered after the annual reports are made to him by dis- 
trict clerks, and before an apportionment is made. The law 
now requires apportionment to be made to such districts in 
proportion to the number of persons of school age residing 
in each at the time the apportionment is made, taking into 
the account only such children as would have been entitled 
to be included, if they had not been transferred from one 
district to another. If children are transferred from a dis- 
trict which did not maintain the required months of school, 
by a legally qualified teacher, or from territory not included 
in any school district, they are not to be counted. 

CHAPTER 277. 

AN" ACT to amend section 554, of chapter 28, of the revised 
statutes, as amended by chapter 124, laws of 1885, entitled, 
"of the distribution of the school fund income." 

The people of the state of Wisconsin, represented in senate 
and asssembly, do enact as follows: 

Section 1. Section 554, of chapter 28, -of the revised stat- 
utes, as amended by chapter 124, laws of 1885, entitled, "of 



15 

the distribution of the school fund income," is hereby 
amended so as to read^s follows: Section 554. The school 
fund income which shall have been received up to and in- 
cluding the first day of June, shall be apportioned by the 
state superintendent between the tenth and fifteenth days 
of June in each year. Such apportionment shall be made 
among the several counties, and the several to wns, specially 
incorporated villages and cities in each county, according to 
the number of children in each over the age of four and 
under the age of twenty years, as sliDwn by the reports 
made to the state superintendent during the year preceding; 
but no apportionment shall be made to any town, village or 
city which shall have failed to raise by tax during the pre- 
ceding year, for the support of common schools therein, a 
sum equal to the amount of its share from the school fund 
income, as determined by the county board of supervisors, 
in pursuance of section 1074, revised statutes, unless the 
town or village board or common council of such city so 
failing shall have transferred, as they are hereby authorized 
to do, from the general fund to the school fund of the town, 
village or city, for such purpose, the amount of deficit in 
such school tax, and the town, village or city clerk shall 
have filed with the state superihtendent his certificate, show- 
ing such transfer to the school fund, and his apportionment 
thereof to the proper school districts, or transfer to the board 
of education, before the tenth day of June; and no appor- 
tionment shall be made to any city, village or town for any 
school district therein, for any year during which such dis- 
trict shall not h9,ve maintained a common school, taught by 
a qualified teacher, for six months, unless the state superin- 
tendent shall be satisfied that the school was so taught for 
three months, and the failure to maintain it for the full six 
months was occasioned by some extraordinary cause, and 
not arising from neglect or intent to avoid the legal obliga- 
tion; nor to any town, village or city, nor for any school dis- 
trict, reports of which as required by law, shall not have 
been made and transmitted during the preceding year to 
the state superintendent; nor to any city for any year, the 
report for which shall not show that the number of children 
between the ages aforesaid residing therein, has been ascer- 
tained by an actual census, taken under the direction of the 
board of education, or other body having the government 
of common schools therein, by their clerk, or persons of their . 
appointment for that purpose. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

The change made by the amendment to this section is in 
that clause which forbids the state superintendent from 
making any apportionment to any town, city or village 
which fails to raise by tax an amount equal to its share of 



16 

the apportionment for the preceding year^ as determined by 
the county board of supervisors, in pursuance of section 
1074 of the revised statutes. 

CHAPTER 297. 

AN ACT relating to the township system of school govern- 
ment, and to amend sections 521, 522, 523, 524, 525, 526, 
529, 534, 535, 537, 539, 541, 544, 545, 547, 548 and 552, of chap- 
ter 27, of the^revised statutes, entitled "of common schools." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. _ Sections 521, 522, 523, 524, 525 and 526, of chap- 
27, of the revised statutes, are hereby amended to read as 
follows: Section 521. The said board shall hold two regu- 
lar meetings in each year. The first regular meeting shall 
be designated the annual meeting, shall occur upon the first 
Monday in October in each year, and he held at or as near 
as may be the place where the last annual election was 
held. The second regular meeting shall be designated the 
semi-annual meeting, shall occur on the third Monday in 
March in each year, and be held at such place as the board 
may designate by rule, or at the preceding annual meeting. 
The hour of meeting shall be ten o'clock in the forenoon. 
Section 522. Special meetings may be called by the secre- 
tary, or in his absence or disability, by the president, upon 
the application of one-third of the members of the board. 
Such meetings shall be called by notifying each member of 
the board personally, or by leaving a written notice at his 
place of residence or business, stating the time, place and 
objects of the meeting, at least five days before the time ap- 
pointed therefor. The members of the board of school di- 
rectors shall be reimbursed for expenses actually and 
necessarily incurred in attending all meetings of the board, 
bills for which shall be audited by the board. Section 523. 
The members of the board of school directors, a majority of 
whom shall constitute a quorum, assembled at the first and 
each succeeding annual meeting, shall elect from their 
number a president and a vice-president; also a secretary, 
who may or may not be one of their number, but who shall 
be a resident of the town to which the board belongs. Such 
secretary shall receive a compensation for services rendered 
at not less than two nor more than three dollars per day, 
and he shall present a statement of his services rendered at 
the annual meeting of the board. Vacancies in either of 
the offices herein provided for may be filled at any special 
meeting of the board, the notice of which shall state the ob- 
ject of the meeting to be to fill tne vacancy existing, or at 



17 

any semi-annual meetina:, and persons elected to fill any 
vacancy shall hold the office for the remainder of the unex- 
pired term. Section 524. The board of school directors of 
each town shall have power, out of the funds provided by 
the town for that purpose, to purchase or hire sites, houses 
and rooms for the use of schools, and to fence and improve 
the same, as they may deem proper, and upon such sites to 
build, enlarge, alter, improve and repair school-houses, out- 
houses or any other building for school purposes, as they 
may deem advisable; and also whenever in the opinion of the 
the board any school-house, or school-house site is no longer 
needed for school purposes, the same may be sold and con- 
veyed in the corporate name of the board, such conveyance to 
be executed by the president and secretary of the board. Sec- 
tion 525. Said board shall, at the regular meeting in October, 
estimate and determine the amount of money which will be 
necessary for the support of schools, and for the building 
and repairing of school houses in the town, for the year be- 
ginning on the first day of July next following. Sec- 
tion 526. Said board shall establish and maintain such 
•and so many schools in the several subdistricts under their 
charge as they may deem requisite and expedient, provided, 
that there shall be at least one common school in each sub- 
district, and that all such schools shall be kept each year 
not less than six months. The board shall have, in ail re- 
spects, the supervision and management of all the schools, 
with lull power to adopt, enforce, modify and repeal from 
time to time, all rules and regulations, not inconsistent 
with the laws of this state, necessary for their organization, 
gradation and control, and for the instruction given by them 
in the different branches of education taught therein, and 
to establish and enforce proper penalties for the violation 
of such rules. 

Section 2, Section 529, of chapter 27, of the revised stat- 
utes is hereby amended so as to read as follows: Section 529. 
The executive committee shall employ so m'^.ny qualified 
teachers as they shall deem necessary to give instruction in 
all the schools under the charge of the board. Each con- 
tract shall be in writing, shall be signed by the teacher and 
by the president and secretary, shall specify the wages per 
week, month or year, agreed upon by the parties, and when 
completed shall he filed in the office of the secretary of the 
town board of school directors, with a copy of the teacher's 
certificate attached thereto. 

Section 3. Sections 534 and 535, of chapter 27, of the 
revised statutes are hereby amended, so as to read as fol- 
lows: Section 534. It shall be the duty of the secretary, at 
least five days before the annual town meeting or election, 
each year to make to the board of supervisors of the town a 
written statement, showing the receipts of money for school 
purposes from all sources, and the disbursements of the 

2 



18 

same, during the year ending on the last day of June pre- 
ceding, in which statement shall be given under separate 
heads: 

1. The amount in the treasury at the beginning of the 
year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amount received from all other sources. 

5. The manner in which such sums have been expended, 
specifying the amount paid under each head of expenditure. 

6. Amount remaining in the treasury. 

7. ' Amount of indebtedness of the township district, and 
when and how payable. 

The secretary shall accompany the above statement with 
estimates of the board of the amount necessary for the sup- 
port of schools during the year beginning on the first day 
of July next following, specifying the sums needed, under 
the following heads: 

1. Amount for teachers' wages. 

3. Amount for school-house sites, and for building, hiring 
or purchasing school-houses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, 
maps, globes, charts, and for all needful school-room appur- 
tenances. 

5. An amount not to exceed one hundred dollars to pur- 
chase library books. 

Section 535. It shall be the duty of the town board of su- 
pervisors of each town in the state to present the state- 
ments and estimates above mentioned to the electors of the 
town at the annual town meeting or election, and the items 
of said estimates shall be passed upon separately by a vote 
of the electors present; but upon motion they may be in- 
creased or diminished; and if, for any reason, money for the 
support of schools shall not be voted at the annual town 
meeting, or a sufficient amount shall not then be voted, the 
supervisors shall present the estimates before mentioned to 
ths electors, at the general election in the fall for a vote 
thereon. 

Section 4. Section 537, of chapter 27, of the revised stat- 
utes, is hereby amended so as to read as follows: Section 
537. It shall be the duty of the secretary, on or before the 
fifteenth day of August in each year, to make and transmit 
to the county superintendent a report in writing, bearing 
date on the fifteenth day of August in the year of its trans- 
mission, stating: 

1. _ The whole number of subdistricts separately set off 
within the town, and the number of parts of joint subdis- 
tricts in which the school-houses belonging thereto are lo- 
cated in his town. 

2. The subdistricts and parts of subdistricts from which 



19 

reports shall have been made within the time limited for 
that p urpose. 

3. The length of time a school shall have been taught in 
each of said subdistricts or parts of districts by a qualified 
teacher. 

4. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty years, residing in each, designating males and fe- 
males separately. 

5. The whole amount of money received in the town for 
school purposes, since the date of the last preceding report, 
setting forth separately xhe amount received from the state 
through the county treasurer, the amount levied by the 
county board, and the amount raised by the town at its an- 
nual town meeting or general election. 

('). The manner in which said money has been expended, 
and whether any or what part remains unexpended, with 
such other information as the state superintendent may 
from time to time require. 

Section 5. Section 539, of chapter 27, of the revised stat- 
utes, is hereby amended so as to read as follows: Section 
539. If for any reason the electors of a town shall fail to 
vote an amount of money sufficient to maintain a school in 
each subdistrict for the term of six months during the year 
ensuing, the secretary shall, on or before the third Monday 
of November of the year in which the electors shall fail to 
vote as aforesaid, certify to the town clerk the amount esti- 
mated by the board of directors, necessary for teachers' 
wages, fuel, repair of school houses, and incidental expen- 
ses, and the town clerk shall assess the aggregate sum thus 
certified, upon all the taxable property of the town, in the 
assessment roll for that year, and the town treasurer shall 
collect the same as other taxes. 

Section 6. Section 541, of chapter 27, of the revised stat- 
utes is hereby amended so as to read as follows: Section 
541. The annual meeting of each subdistrict shall be held 
on the first Monday in July in each year. The time of such 
meeting shall be seven o'clock in the afternoon. 

Section 7. Sections 544 and 545, of chapter 27, of the re- 
vised statutes are hereby amended so as to read as follows: 
Section 544. The clerk of the subdistrict shall be a member 
of the town board of school directors, shall attend all meet- 
ings of the board, and shall carry out all lawful orders of 
the same having reference to the school-house of his district, 
or the school maintained therein. It shall be the duty of 
the subdistrict clerk, between the tenth and fifteenth days 
of July in each year, to make and transmit to the secretary 
of the town board of school directors a written report, dated 
on the tenth day of July of such year, signed by him and 
verified by his affidavit, showing: 

1. The number of children, male and female, designated 
separately over the age of four and under the age of twenty 



20 

years, residing in the district, and the names of their par- 
ents or other persons with whom such children resided, re- 
spectively on the last day of June preceding. , 

2, The whole number of children, males and females des- 
ignated separately, between the ages of four and twenty 
years, taught in the district school during the year for 
which such report is made, by teachers duly qualified. 

8. The number attending school during the year, under 
the age of tour, and the number over the age of twenty 
years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole 
number of days, including holidays, such pchool has been 
taught by teachers qualified according to law. 

5. The names of all teachers employed during the year, 
the number of days taught by each, including holidays, and 
the monthly wages paid to each; and the time allowed any 
teacher for attendance on any institute, for which no wages 
were deducted. 

6. The kind of books used in the school. 

7. Such other facts and statistics in relation to the schools, 
public or private, in such district, as the state superintend- 
ent may from time to time require. The clerk of each joint 
subdistrict shall report to the secretary of the town board 
of school directors, or to the town clerk of each town, as 
the case may require, a part of which is embraced in such 
subdistrict, the number of children residing in such part, in 
the manner set forth in this section, and the remainder of 
the items specified in this section shall be embraced in the 
report made to the town in which the school-house is situ- 
ated. Section 545. The subdistrict clerk shall give at least 
six days' notice of every annual meeting of the electors of 
his subdistrict, by posting notices therefor in four or more 
public places in the subdistrict, one of which notices shall be 
affixed to the outer door of the school house if there be one 
in the subdistrict; and he shall act as secretary of all meet- 
ings when present. 

Section 8. Sections 547 and 548, of chapter 27, of the re- 
vised statutes are hereby amended so as to read as follows: 
Section 547. When a subdistrict is composed of parts of 
two or more towns, the board of directors of the town in 
which the school house is situated shall have the entire con- 
trol of said subdistrict, and shall maintain school therein as 
in other subdistricts; and the clerk of such joint subdistrict 
shall be a member of the board of directors of said town. 
At the annual meeting in October, the board of directors 
shall calculate and determine the cost of maintaining the 
schools in said joint subdistrict, for the year ending on the 
ast day of June preceding the meeting of the board, and 
the secretary shall certify such amount to the secretary of 
Ihe board of each town, embraced in part in such 
Coint subdistrict, together with the assessed valuation of 



21 

said subdistrict, and each part thereof, as found in 
the assessment roll of the said town for that year; on 
the receipt of such certificate, the secretary of the board 
of directors of each of said towns shall draw an order on 
the treasurer of his town in favor of tiie town in which 
the school house of said joint subdistrict is situated, 
for such a proportion of the whole cost of main- 
taining said school as aforesaid, as the assessed value of the 
property of his town, embraced in said joint subdistrict is to 
the whole valuation thereof; unless the proportion of such 
school district taxes to be assessed in each such town shall 
have been ascertained, as provided in section 471, in which 
case he shall draw his order for such proportion; and said 
order shall be paid out of any money in the hands of said 
treasurer collected or received by him for the support of 
schools in his town. Section 548. In case either of the 
towns embraced in part in said joint subdistrict shall not 
have adopted the township system of school government, 
the certificate before mentioned shall be made to the clerk 
of said subdistrict, and it shall be his duty to incorporate 
the proportional sum mentioned in the preceding section, in 
the returns of district taxes made by him to the town clerk 
of the town not having adopted such system, on the third 
Monday in November succeeding the receipt of said certifi- 
cate; and the said sum shall be assessed and collected with 
the other taxes of that part of the joint subdistrict, and 
shall be paid over by the town treasurer collecting the same 
to the treasurer of the town in which the school house of 
said joint subdistrict is situated. 

Section 9. Section 552, of chapter 27. of the revised stat- 
utes, is hereby amended so as to read as follows: Section 
552. The legal voters of any town in the state may at any 
annual town meeting, or at any general election, vote upon 
the question of township school government. Such voting 
shall be by ballot, and the ballots used shall have written or 
printed thereon the words, "township school government, 
yes;" or the words, "township school government, no," A 
separate box shall be provided for the reception of said bal- 
lots, and the votes cast shall be counted, canvassed, and a 
record thereof made as in case of other votes cast at such 
election; and if it shall appear that a majority of the ballots 
cast have Written or printed thereon the words, "township 
school government, yes," then the provisions of this chapter, 
providing for the township system, shall immediately be- 
come operative in such town, otherwise they shall have no 
force or effect therein. ISlo vote shall be taken on the ques- 
tion of township school government in pursuance of this 
chapter unless notice thereof shall be given as hereinafter 
provided. The town clerk of any town, upon the petition 
in writing of any ten electors of said town, shall publish, 
by posting in three of the most public places in said, town, 
a notice in writing that the question of township school 



22 

government will be submitted to the electors of said town 
at the ensuing annual town meeting or general election. 
Such notice shall be so published and posted at least ten 
days before the holding of any such town meeting or elec- 
tion; and any town having adopted the township school 
government according to the provisions of this chapter, may 
abolish the same at any town meeting or general election, 
in the same manner as provided for its adoption in this sec- 
tion; but when the system of township school government 
shall be adopted, it shall continue in force two years from 
the date of its adoption, before the question of abolishing 
it shall be acted upon. Whenever the electors of any in- 
corporated village, having a graded school with three or 
more departments, shall desire to adopt the township system 
of schools, they may vote upon the question at any charter 
or general election held in such village; such vote shall be 
by ballot of the form above described, and upon like notice, 
and if a majority of the votes cast upon that subject shall 
be in favor of the adoption of said system, then such village 
shall become a part of the township system of the town in 
which the same is situated. Whenever any town having 
adopted the township system of school government shall 
vote to abolish the same, it shall be the duty of the town 
board of supervisors, on or before the first day of June next 
succeeding the date at which the vote was taken, to meet, 
and by an order made in pursuance to section 413, of chap- 
ter 27, of the revised statutes, divide the town into suitable 
independent school districts, making the order to take effect 
on the first day of July next following. The subdistrict 
clerks and the secretary of the town board of directors for 
the year preceding, shall make the necessary annual reports 
for the year ending on that day, as required by law, although 
the offices held by them shall have been abolished. 

Section 10. This act shall take effect and be in force from 
and after its passage and publication. 

The changes in the law relating to township system of 
school government are numerous and important, and should 
be carefully noted by the administrative officers under that 
system. Among the more important changes, will be found, 
a change in the time of holding annual meetings in sub-dis- 
tricts, to the first Monday in July; one requiring clerks of 
sub-districts to make an annual report to the secretary of 
the town board of directors; one requiring contracts with 
teachers to be in writing, and with a copy of the teacher's 
certificate attached, filed in the office of the secretary; and 
one providing for organizing independent school districts, 
when a town having the township system votes to abolish 
the same. 



23 



CHAPTER 3?6. 

AN ACT relating to countersigning of diplomas of gradu- 
ates of the university of Wisconsin by the state superin- 
tendent, in certain cases. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Whenever the diploma of any graduate of the 
university of Wisconsin shall, by the signature or endorse- 
ment of the professor of science and art of teaching, in that 
institution, evidence that the person therein named has 
completed the full course in pedagogy provided for at the uni- 
versity, and such person shall have tdught a public school 
in this state successfully for eight months after receiving 
such diploma, the state superintendent nqay countersign the 
diploma thus held, after such examination as to moral char- 
acter, learning and ability to teach, as to the said superin- 
tendent may seem proper and reasonable, and such diploma, 
when countersigned, shall be a certificate of qualification to 
teach in any public school of this state, until annulled by 
state superintendent. 

Section 3. This act shall take effect and be in force from 
and after its passage and publication. 

CHAPTER 414. 

AN ACT in relation to the insuring of school property by 

district boards. 

The people of the. state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Any school district board in the state, insur- 
ing in a town insurance compan]- the school property in its 
charge, is hereby authorized to execute a note for the pre- 
mium. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

CHAPTER 426. 

AN ACT to appropriate a portion of the common school 
fund for the purchase of a school library. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The treasurer of each town may annually 
withhold from the several school districts of his town, one- 



24: 

twentieth of the school fund income appropriated thereto, 
together with one-twentieth of all county and town taxes, 
annually issued [raised] to secure said school fund income. 

Section 2. Between the first and thirty first days of July 
in each year, the board of each town shall, pursuant to the 
directions of the state superintendent, expend all moneys so 
withheld in the purchase of books for public school libraries 
in their respective towns, which said books shall be distrib- 
uted to the several school districts, in proportion to the sums 
of money so withheld from each school district, and the 
town clerk of each town, when directed by the said board of 
supervisors, shall collect from the several school districts 
all of said books, and redistribute them in the same propor- 
tion as herein provided for the first distribution. 

Section 3. It shall be the duty of the town clerk to keep a 
complete record of the books distributed to the several dis- 
tricts, in such manner as shall be prescribed by the state su- 
perintendent. 

Section 4. The district clerk of each district (unless a 
librarian shall be chosen by the district at its annual meet- 
ing) shall be custodian of the books thereof, which he shall 
issue to the residents of his district in accordance with such 
rules and regulations as said board of supervisors shall pre- 
scribe. 

Section 5. It shall be the duty of the state superintendent 
to prepare annually lists of such suitable books as he may 
deem proper for use in a school library, and furnish such 
lists to each town boards of supervisors, on or before July 1, 
each year, from which the town board of supervisors shall 
select and purchase books. 

Section 6. All acts or parts of acts, inconsistent with this 
act are hereby repealed. 

Section 7. This act shall take effect and be in force from 
and after its passage and publication. 

This very important law provides for school libraries. 
They are to be purchased and managed by the town officers, 
under the direction of the state superintendent. If selected 
with good judgment, and managed with intelligence and 
practical good sense, the system cannot fail of becoming a 
valuable adjunct of the public school. The hearty co-opera- 
tion of boards of supervisors, town clerks and town treasur< 
ers will be necessary to secure the largest possible benefits. 
A circular will be sent to these officers, together with lists 
of books from which to select, when these have been pre- 
pared, giving all necessary information to aid in inaugurat-" 
ing the system and ordering books. - 



25 



CHAPTER 439. 

AN ACT relating to the alteration and formation of joint 
school districts, and amendatory of chapter 280, laws of 
1882. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Chapter 280, of the laws of 1882, is hereby 
amended bj inserting after the word, " districts," in the 
fourth line, the words, "or two-thirds of the lawful voters 
residing in any one of the districts," so that the section as 
amended shall read as follows: Section 1. Whenever an 
application in writing for an alteration in the boundaries of 
any joint school district, signed by not less than one-third of 
the lawful voters residing in the district, or two-thirds of 
the lawful voters residing in any one of the districts to be 
effected by the proposed alteration, shall be presented to the 
chairman of supervisors of the town in which the school 
house of such joint district may be situated, such chairman 
shall thereupon fix a time for the joint meeting of the town 
boards of the towns in which such joint school district may 
be situated, which time shall not be less than ten nor more 
than twenty days after the day of the presentation to him 
of such application. He shall also cause a notice of the 
time and place of such meeting to be given to each super- 
visor entitled to be present thereat, which notice shall be 
served at least five days prior to the date fixed for such 
meeting. Such meeting shall be held at the school house in 
such joint district unless some other convenient place shall 
be designated in the notice therefor. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

This act so amends the law of 1882, that when a petition 
for the alteration of the boundaries of a joint school dis- 
trict is signed by two- thirds of any one district to be affected 
by the proposed alteration, and the supervisors shall neglect 
or refuse to meet, hear and determine upon the matter, such 
refusal or neglect shall be deemed a denial of the petition, 
and appeal may be made to the state superintendent. 



26 



CHAPTER 440. 

AN ACT to amend section 459, of the revised statutes of 
1878, relating to settlement for wages between teachers 
and school district boards. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 459, of the revised statutes of 1878, is 
hereby amended by inserting the words, " but school taught 
on a legal holiday shall not be counted for two school days," 
after the word " taught," where it occurs in the fifth line of 
said section, so as to make said section read as follows : In 
settlement for wages between teachers and district boards 
or other employers of teachers in public schools, twenty 
days of teaching shall constitute a school month, unless it 
be otherwise specified in the contract, and all legal holidays 
occurring on school days shall be counted, although no school 
be taught; but school taught on a legal holiday shall not be 
counted for two school days, and no Saturdays shall be 
counted. The district board may, in their discretion, give 
to any teacher employed, without deduction from his wages 
therefor, the whole or any part of his time spent by him in 
attending the sessions of any institute held in the county, 
embracing the school district or any part thereof, upon such 
teacher's furnishing to the district clerk, to be filed by him, 
a certificate of regular attendance on such institute, signed 
by the person conducting the same. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

This amendment does not change the ruling of the state 
superintendent, that a legal holiday can be counted but one 
day, whether school is taught or not, and hence teaching on 
such a day can not compensate for a day of teaching 
omitted on one which is not a legal holiday. But that ruling 
is now embodied in the statute. 



CHAPTER 541. 

AN ACT to amend chapter 17, of the revised statutes, rela- 
ting to the trust funds and their management. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 2H1, of chapter 17, of the revised stat- 
utes, is hereby amended so as to read as follows: Section 



27 

361. Every loan to a school district may be made for such 
time not exceeding ten years and of such amount which 
together with all other indebtedness of such district shall 
not exceed five per centum of the last preceding assessed 
valuation of the real property in such district and not ex- 
ceeding in any case ten thousand dollars, as may be agreed 
upon; the principal shall be payable in equal annual install- 
ments from a time fixed by said commissioners with inter- 
est at the rate of six per centum annually in advance. N o 
such loan shall be made until proof be filed in the office of 
said commissioners, of the complete performance on the 
part of such district of each and every act hereinafter re- 
quired to precede the same; provided, that the amendment 
herein contained shall not apply to loans heretofore made. 

Section 2. This act shall take effect and be in force from 
and after its passage and publication. 

Loans to school districts from the trust funds of the state 
may now be made at the rate of six per cent, per annum, 
interest, instead of seven per cent, heretofore demanded. 



IH^^ This pamphlet is folded and trimmed so that it may 
be inserted in the School Code. If fastened there, with a 
little mucilage or paste, it will be less liable to get mislaid 
or lost. 



LAWS OF 1889, 



RELATING TO 



PUBLIC SCHOOLS 



Democeat Printing Co., State Printers. 



LAWS RELATING TO PUBLIC SCHOOLS. 



SESSION LAWS OF 1889. 

Office of State Superintendent, 
Madison, Wis., May 16, 1889. 

The attention of all officially connected with the public 
schools of Wisconsin is hereby called to the changes made 
in the school laws by the general laws of 1889. 

A copy of each law amended, as it now reads, and a copy 
of each additional statute enacted in 1889, is published 
herein. 

The changes included in these laws relate to the follow- 
ing matters: 

I. Requiring county superintendents to make an- 
nual report on or before August 15th, and to 
make and file with the county clerk and 
county treasurer statements of the number 
of persons of school age in each town, city 
and village under his supervision entitled to 
share in the apportionment of public money. 

II. Requiring school district clerks to make annual 
reports on or before July 15th, and omitting 
some "details heretofore included in such 
reports. 

III. Requiring town clerks to make annual reports 

on or before August 1. 

IV. Providing for additional clerical force in the 

office of the state superintendent. 

V. Providing that school district treasurers shall 
hold that office until successors elected or 
appointed, have filed the bond] required by 
law. 



VI. Providing that secretaries of town boards of 
school directors shall hold that office for one 
year, or until successors are elected. 

VII. Providing (a) that the annual meeting of town 
boards of school directors shall be held on 
the second Monday in July, (b) That such 
boards shall make annual estimates at the 
semi-annual meeting in March, (c) That the 
secretary of such boards shall make his an- 
nual report on or before the first day of Au- 
gust, (d) That such boards at the annual 
meeting in July shall determine the amount 
each town shall pay for the support of the 
school in joint subdistricts. 
VIII. Authorizing school-boards to purchase and 
place in each school room a flag of the United 
States, and to provide for its preservation. 
IX. Authorizing the state superintendent (a) to pre- 
scribe rules for management of school libra- 
ries. (6) To publish and distribute circulars, 
bulletins, and courses of study for ungraded 
and for high schools, with needed comments 
thereon. 
X. Amending the town school library law. (a) 
Authorizing town treasurers to withhold an 
amount equal to ten cents for each person of 
school age in the town, (b) Authorizing 
town clerks to purchase books with the 
money withheld by town treasurers from the 
school fund income, (c) Providing per diem 
for town clerks for time spent in connection 
with school libraries, (d)] Authorizing the 
state superintendent to^ suspend the law in 
any town for any year. 
XI. Providing that a vacancy occurs in any office 
when a competent tribunal adjudges the in- 
cumbent insane. 

XII. Forbidding the enumeration in^school districts 
of any child residing in or held or cared for 



at any charitable or penal institution in the 
state, and authorizing the state superintend- 
ent to take special means to prevent such 
enumeration. 

XIII. Making provision for annual distribution of 

five thousand mounted railroad maps of the 
state among the public schools. 

XIV. Repealing the provision requiring the school 

districts applying for a loan from the trust 
funds of the state to vote a tax equal to one- 
half of the loan applied for to be collected in 
two years. 
XV. Authorizing the governor annually to desig- 
nate a day to be observed as a tree planting 
or arbor day. 
;XVI. Authorizing the state superintendent to appoint 
a supervisor of free high schools to assist in 
organizing and inspecting such schools. 
XVII. Providing that absence from the district for 
more than sixty days by the incumbent, shall 
create a vacancy in any school district office 
held by such absentee. 
XVIII. Appropriating one thousand dollars annually 
to maintain a summer school for teachers in 
connection with the University of Wisconsin. 
XIX. Providing that the full sum of fifty thousand 
dollars may be annually used to aid in main- 
taining free high schools. 
XX. Providing for the restoration of records of the 
boundaries of school districts where such 
records are lost or destroyed. 
XXI. Providing for compulsory attendance at school 
of children between seven and fourteen years 
of age, for at least twelve weeks annually, 
and relating to employment of such children. 
XXII. Authorizing the loan of the trust funds of the 
state at a rate of interest not less than five 
per cent, per annum. 
XXIII. Relating to the University of Wisconsin: (a) 



Establishing certain colleges therein, (b) Ap- 
propriating one per cent, of the funds received 
as licenses from incorporations to provide for 
additional facilities for instruction in me- 
chanic arts and in railway and electrical 
engineering, (c) Making the president of the 
university ex officio member of the board of 
regents, and of all standing committees of 
the board, with a vote only in case of a tie. 
(d) Appropriating five thousand dollars to 
heat by steam and to light ladies' hall, and 
requiring that building to be used only as a 
boarding hall for female students. 
A sufficient number of these pamphlets is sent to each 
town clerk to supply his own office with one copy, and each 
school district clerk residing in the town with one copy. If 
any town clerk fails to receive a sufficient number to sup- 
ply as above indicated, more will be sent on application. 

J. B. THAYER, 

State Superintendent. 



Section 464, revised statutes, as amended by chapter 29«, 
of the general laws of 1883, and chapter 154 of the general 
laws of 1889. 

Section 464. Each county superintendent shall, on or 
before the fifteenth day of August in each year, make and 
transmit to the state superintendent a report in writing, 
setting forth the whole number of towns in his dis- 
trict, distinguishing those from which the required reports 
have been made to him by the town clerks, and containing 
an abstract of their reporbs, and also containing an abstract 
of the annual report of the secretary of each free high 
school in such district, and of each secretary of town board 
of school directors of towns having the township system of 
school government, and of the clerk of each incorporated 
village and city under his supervision. Each county super- 
intendent shall also, within the time above mentioned, make 
and deliver to the county clerk and to the county treasurer, 
a written statement of the whole number of children in 
each town^ village and city under his supervision over the 
age of four and under the age of twenty years returned 



from districts which have maintained schools for six or 
more months during the past jear, as appears from the re- 
ports of town clerks. 

County superintendents must now make annual reports 
by August 15, but are no longer required to file a copy with 
the county clerk. 



Section 463 of chapter 27 of the revised statutes, entitled, 
"of common schools," as amended by chapter 298 of the 
general laws of 1883, chapter 3 55 of the general laws of 1889, 
and chapter 370, general laws of 1889. 

Section 462. It shall be the duty of the district clerk be- 
tween the tenth and fifteenth daj s of July in each year, to 
make and transmit to the town^ city or village clerk, a writ- 
ten report, dated on the tenth day of July of such year, 
signed by him and verified by his affidavit, showing: 

First. The number of children, male and female desig- 
nated separately, over the age of four and under the'age of 
twenty years, residing in the district, and the names of their 
parents guardians, or other persons with whom such children 
resided, respectively, on the last day of June preceding. But 
no such children residing in, held or cared for at any char- 
itable or penal institution of this state, shall be included in 
such enumeration or report. And whenever the state su- 
perintendent shall receive information that any such chil- 
dren have been enumerated in the school census of any 
school district included in the reports made to him, on the 
basis of which apportionment of money from the school 
fund income is made, he may require from the district clerk 
or the secretary of the board of education of said district a 
verified statement of the whole number of children of school 
age residing in the district not excluded by the provisions 
of this act, in such form and manner as the said superintend- 
ent may prescribe. Unless the certificate herein provided 
for shall be made, no money shall be apportioned for the 
benefit of said school district. 

Second. The whole number of children, male and fe- 
male designated separately, between the ages of four and 
twenty years taught in the district school during the year 
for which such report is made, by teachers duly qualified. 

Third. The number attending school during the year 
under the age of four and the number over the age of 
twenty years. 

Fourth. The whole time, in days, any common school 
has been taught in the district, including holidays, and the 
whole number of days such school has been taught by 
teachers qualified according to law, including holidays and 
the days the teachers may have attended institute dur- 
ing the year while the school was in session, for which nO' 
deduction in wages was made by the district board. 



Fifth. The names of all teachers employed during the 
year, the number of days taught by each, incluiiag h oli- 
days, and the monthly wages paid to each; and the time 
allowed any teacher for attendance on any institute, for 
which no wages were deducted . 

Sixth. The amount of money received from the town 
treasurer during the year, designating separately the amount 
received from apportionment of the school fund income, the 
amount received from tax levied by county board of super- 
visors, the amount received from tax voted by the district, 
and the amount received from all other sources during the 
year, and the manner in which the same has been expended , 
showing separately the expenditure of school money received 
from the siate. 

Ssventh. Such other facts and statistics in relation to 
the schools, public or private, in such district, as the state 
superintendent may from time to time require. The clerk 
of each joint school district shall report to the town clerk of 
each town, a part of which is embraced in such district, the 
number of children residing in such part, in the manner set 
forth in this section, and tbe remainder of the items speci- 
fied in this section shall be embraced in the report made to 
the town in which the school house is situated. 

The changes made in this section, forbid the enumeration 
by district clerks of any child held or cared for in any char- 
itable or penal institution; and repeals the clauses mak- 
ing it obligatory to report the names of the text-books used, 
and som3 other minor items of schools affairs, hereitofore 
arbitrarily required by the statute to be reported. 

Section 463, of chapter 27, of the revised statutes, entitled, 
"Of common schools," as amended by chapter 298, of the 
general laws of 1833, and chapter 156 of the general laws of 
1889. 

Section 463. Each town clerk shall, on or before the first 
day of Auga<5t in each year, make and transmit to the 
county superintendent of the county or district in which 
his town is situated a report, bearing date on the tenth 
[first] day of said month, stating : 

1. The whole number of school districts separately set off 
within the town, and the number of parts of joint districts 
in which the school-houses belonging thereto are located in 
his town. 

2. The districts and parts of districts from which reports 
shall have been made within the time limited for that 
purpose. 

3. The length of time a school shall have been taught in 
€ach such district or parts of districts. 

4. The amount of public money received in each. 



9 

5. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty years residing in each. 

6. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, 
setting forth, separately, the amount received from the state 
through the county treasurer, the amount levied by the 
county board, the amount raised by the town at its annual 
meeting, in towns where the township system of school 
government has been adopted. 

7. The amount of money raised by district tax for school 
purposes. 

8. The manner in which said moneys have been expended, 
and whether any and what part remains unexpended, with 
such other information as the state superintendent may 
require, and as may be reported to him by the district clerks. 

CHAPTER 157. 

AN ACT to provide for additional clerical force in the office 
of state superintendent. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The state superintendent may employ such 
additional clerks ia his office as shall be necessary to the 
correct, prompt and efficient discharge of the duties imposed 
upon him by law, and fix their compensation, which shall be 
paid out of the state treasury; provided, that the salary of 
no clerk hereby authorized shall exceed the sum of one 
thousand dollars per annum, and that the aggregate amount 
annually expended for such additioual clerical force shall 
not exceed the sum of sixteen hundred dollars per annum. 

Section 2. There is hereby appropriated a sufficient sum 
of money to carry out the provisions of this act. 

Section 443, of chapter 27, of the revised statutes, entitled, 
" Of common schools," as amended by chapter 117, of the 
general laws of 1879, and chapter 254, of the general laws of 
1889. 

Section 443. The treasurer of each district shall, within 
ten days after his election or appointment, execute to the 
district, and file with the clerk, a bond with sufficient 
sureties, in double the amount, as nearly as can be ascer- 
tained, of all the money to come into his hands as treasurer 
of the district, conditioned for the faithful discharge of the 
duty of his office, and approved by the director and clerk. 
Such treasurer shall hold his office until his successor shall 
be elected or appointed, and his bond shall be executed, filed 
and approved as provided by law. Wnenever the director 
and clerk shall deem the bond of any treasurer insuflScient, 



10 

they shall demand an additional bond with the like condi- 
tion, in such sum as they shall fix, which shall thereupon 
be executed, approved and filed in the manner aforesaid,, 
within ten days after such demand. The neglect or refusal 
to file such bond in either case shall vacate the office; pro- 
vided, that no person employed as school director, clerk or 
teacher, shall hold the office of school treasurer in the same 
district, 

This act provides that school district treasurers shall hold 
the office until successors are elected or appointed, and qual- 
ified by filing the required bond. 

Section 533 of the revised statutes, as amended by chap- 
ter 297, laws of 1887, and chapter 292 of the general laws of 
1889. 

Section 523. The members of the board of school di- 
rectors, a majority of whom shall constitute a quoruni, 
assembled at the first and each succeeding annual meet- 
ing, shall elect from their number a president and vice- 
president; also a secretary who may or may not be of their 
number, but who shall be a resident of the town to which 
the board belongs, and hold said office for one year, or until 
his successor is elected. Such secretary shall receive a 
compensation for services rendered at not less than two nor 
more than three dollars per day, and he shall present a 
statement of his services rendered at the annual meeting of 
the board. Vacancies in either of the offices herein pro- 
vided for may be filled at any special meeting of the board, 
the notice for which shall state the object of the meeting to 
be to fill the vacancy existing, or at any semi-annnal meet- 
ing, and persons elected to fill any vacancy shall hold the 
office for the remainder of the unexpired term. 

Sections 521, 525, 537 and 547, of chapter 27, of the revised 
statutes, entitled, " Of common schools," as amended by 
chapter 297 of the general laws of 1887, and by chapter 293 
of the general laws of 1889, 

Section 521. The said board shall hold two regular meet- 
ings in each year. The first regular meeting shall be des- 
ignated the annual meeting, shall, occur upon the second 
Monday in July in each year, and be held at, or as near 
as may be the place where the last annual election was 
held. The second regular meeting shall be designated the 
semiannual meeting, shall occur on the third Monday in 
March in each year, and be held at such place as the board 
may designate by rule, or at the preceding annual meeting. 
The hour of meeting shall be ten o'clock in the forenoon. 

Section 525. Said board shall, at the regular meeting in 
March, annually, estimate and determine the amount of 
money which will be necessary for the support of schools. 



11 

and for the building and repairing of school-houses in the 
town, for the year beginning on the first day of July next 
following. 

Section 537. It shall be the duty of the secretary, on or 
before the first day^'of August in each year, to make and 
transmit to the county superintendent a report in writing 
bearing date on the first day of August in the year of its 
transmission, stating : 

1. The whole number of subdistricts separately set off 
within the town, and the number of parts of joint subdis- 
tricts in which the school-houses belonging thereto are 
located in his town. 

3, The subdistricts and parts of subdistricts from which 
reports shall have been made within the time limited for 
that purpose. 

3. The length of time a school shall have been taught in 
each of said subdistricts or parts of districts by a qualified 
teacher. 

4. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty years, residing in each, designating males and 
females separately. 

5. The whole amount of money received in the town for 
school purposes, since the date of the last preceding report, 
setting forth separately the amount received from the 
state through the county treasurer, the amount levied by 
the county board, and the amount raised by the town at its 
annual town meeting or general election. 

6. The manner in which said money has been expended, 
and whether any, or what part remains unexpended, with 
such other information as the state superintendent may 
from time to time require. 

Section 547. When a subdistrict is composed of parts of 
two or more towns, the board of directors of the town in 
which the school-house is situated shall have the entire 
control of said subdistrict, and shall maintain school therein 
as in other subdistricts ; and the clerk of such joint subdis- 
trict shall be a member of the board of directors of said 
town. At the annual meeting in July the board of directors 
shall calculate and determine the cost of maintaining the 
schools in said joint subdistrict for the year ending on the 
last day of June preceding the meeting of the board, and 
the secretary shall certify such amount to the secretary of 
the board of each town embraced in part in such joint sub- 
district, together with the assessed valuation of said subdis- 
trict, and each part thereof, as found in the assessment roll of 
the said town for that year ; on the receipt of such certifi- 
cate, the secretary of the board of directors of each of 
said towns shall draw an order on the treasurer of his 
town in favor of the town in which the school-house of 
said joint subdistrict is situated, for such a proportion of the 
whole cost of maintaining said school as aforesaid, as the 



12 

assessed value of the property of his town, embraced in 
said joint subdistrict is to the whole valuation thereof : 
unless the proportion of such school district taxes to be 
assessed in each such town shall have been ascertained, as 
provided in section 471, in which case he shall draw his 
order for such prop3rtion, and said order shall be paid out 
of any money in the hands of said treasurer collected or 
received by him for the support of schools in his town. 

The two acts above cited, relate to towns having the 
township system of school government and require atten- 
tion of town boards of school directors. 



CHAPTER 272. 

AN ACT to authorize school boards to purchase United 

States flags. 

The people of the state of Wisconsin represented in senate 
and assembly, do enact as follows : 

Section 1. The school board of any city or district is 
hereby authorized to purchase, at public expense, one or 
more flags of the United States, and place the same in the 
school roomi or rooms under their charge ] also to purchase 
such necessary apparatus as may be necessary for properly 
preserving such flag or flags ; provided, however, that not 
more than one flag and appurtenances shall be purchased 
for each department. 



CHAPTER 279. 

AN ACT relating to the rate of interest on trust funds. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The commissioners of public lands of the 
state of Wisconsin are hereby authorized and enpowered to 
loan the trust funds of the state at a rate of interest not less 
than five per centum per annum; provided, all such loans 
shall be made in accordance with the provisions of chapter 
17 of the revised statutes and the several acts amendatory 
thereof. 



CHAPTER 284. 

AN ACT relating to the duties of the state superintendent, 
and to amend subdivision 3, of section 166, of chapter 11, 
of the revised statutes, entitled " Of the state officers." 



13 

The people of the state of Wisconsin^ represented in senate 
and assembly, do enact as follows: 

Section 1. Subdivision 3, of section 166, of chapter 11, of 
the revised statutes, entitled "Of the state officers," is hereby 
amended to read as follows: 3. To prescribe rules and 
regulations for the management of school district libraries, 
and the penalty which shall be imposed by the district 
board for any violation of such rules and regulations; he 
shall prepare for the use of common school officers suitable 
forms for making reports and conducting all necessary 
proceedings; he shall cause the laws relafcmg to common 
schools, with the rules and regulations and forms aforesaid, 
and such instructions as he shall deem necessary, to be 
printed in pamphlet form, with a suitable index; and he 
shall cause such pamphlets to be distributed among the 
several district and other officers having the care of com- 
mon schools throughout tbe state; he shall from time to 
time, by printed circulars and bulletins of information, com- 
municate with teachers and school officers relating to 
matters connected with the management of public schools 
and the administration of his office; he shall prepare and 
publish from time to time, as occasion may require, courses 
of study for ungraded and for high schools, with such com- 
ments and instructions appended as may be deemed neces- 
sary, for distribution to school officers, teachers and others 
interested. The printing herein authorized shall be done 
at the expense of the state, by the person authorized to do 
the state printing. 

By the changes made by this law, the scope of the author- 
ity of the state superintendent is materially enlarged, and 
means are placed at his command by which he can more 
effectively reach and inflaence vital points in the school 
work of the state. 



CHAPTER 288. 

A'N ACT to amend chapter 426, laws of 1887, entitled, "an 
act to appropriate a portioQ of the common school fund 
income for the purchase of a school library." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Chapter 426, of the general laws of 1887 enti- 
tled an act to appropriate a portion of the common school 
fund for the purchase of a school library, is hereby amended 
to read as follows: Sectioa I. The treasurer of each town 
in the state may withhold annually from the money 
received from the school fund income, for the sev- 



u 

eral school districts whose school-houses are located 
m the town of which he is the treasurer, an amount 
equal to ten cents for each person of school age re- 
siding in such school districts, for the purchase of books as 
hereinafter provided. Section 3. Between the tenth day of 
July and the thirty -first day of August in each year, the 
town clerk, with such assistance as he maybe able to ob- 
tain from the county superintendent of schools, shall expend 
all money withheld by the town treasurer, as provided in 
section 1 of this act, in the purchase of books selected from 
the lists prepared by the state superintendent as hereinafter 
provided, for the use of the several school districts from 
which money has been so withheld, and he shall distribute 
the books thus selected and purchased, among the several 
school districts in proportion to the sums of money with- 
held from each. Section 3. It is hereby made the duty of 
the state superintendent to prepare annually or biennially, 
as he may deem necessary, lists of books suitable for use in 
school district libraries, and furnish copies of such lists to 
each town clerk and each county superintendent, as often 
as the samg shall be published or revised, from which lists 
the several town clerks shall select and purchase books for 
use in the public school libraries in the several towns of the 
state, as provided in this act. Section 4, It shall be the 
duty of each town clerk to keep a complete record of the 
books purchased by him, and distributed to the several 
school districts, and he is hereby authorized from time to 
time, as he may deem necessary, to collect and re distribute 
among the several school districts the books purchased un- 
der the provisions of this act, in the same manner as pro- 
vided for first distribution, to the end that each district may 
have the use of all books purchased for use in the school 
district libraries of the town. For such services properly 
rendered, the town clerk shall be allowed the usual per diem 
of two dollars [per day] for time actually and necessarily 
spent. Section 5. Unless the school district shall at the 
annual meeting elect some other person to be librarian of 
the district, the district clerk shall act as librarian for the 
district, and shall receive and have the care and custody of 
the books distributed to the district, pursuant to the provis- 
ions of this act, and shall loan them to teachers, pupils and 
other residents of the district in accordance with rules and 
regulations prescribed by the state superintendent. The 
state superintendent shall have the authority to suspend the 
operation of this act for any year, in any cr every town, by 
giving due notice of such suspension to the respective town 
clerks on or before the tenth day of June. 

Section 2. All acts and parts of acts inconsistent with 
the provisions of this act are hereby repealed. 

The important changes in the law providing for town 
school libraries made by the chapter above ^cited, are three 



15 

in number: 1. All money withheld for library purposes, 
during the year is to be withheld at one time, and from one 
fund — the state school fund income. This is the fund ap- 
portioned June 15, annually, by the state superintendent, 
based on the reports received in August of the preceding 
year. 3. The amount withheld is to equal ten cents for each 
person of school age residing in the district, whether they 
all reside in the town where the school-house is situated or 
not. 3. The town clerk is to make the purchases of books, 
with the money withheld for that purpose, calling to his aid 
the county superintendent of schools in making selections 
of the books to be purchased. 

The time for the purchases to be made is so adjusted that 
the new books annually bought, can be on hand ready for use 
promptly at the opening of the fall or winter terms of 
school. All questions and difficulties concerning withh old 
ing money and furnishing books in connection with joint 
school districts are settled by ignoring the fact that they are 
joint districts, and requiring the town treasurers and town 
clerks to treat all joint districts as though they were entire 
districts belonging to the town where the school-house is 
located. These changes will very greatly simplify the oper- 
ation of the library law. 



Section 963, of chapter 42 of the revised statutes, entitled. 
Of resignations and vacancies," as amended by chapter 
361 of the general laws of 1889. 

Section 963. Every office shall become vacant on the 
happening of either of the following events: 

1. The death of the incumbent. 

2. His resignation. 

3. His removal. 

4. His ceasing to be an inhabitant of this state; or if the 
office be local, his ceasing to be an inhabitant of the district, 
county, town, city or village by or for which he shall have 
been elected or appointed, or within which the duties of his 
office are required to be discharged. 

5. His conviction of any infamous crime, or of any 
offense involving violation of his official oath. 

6. The decision of a competent tribunal declaring void his 
election or appointment, or adjudging him insane. 

7. The neglect'or refusal of any person elected or ap- 
pointed or re-elected or re-appointed to any office, to give 



16 

or renew his official bond, or to deposit the same in the 
manner and within the time prescribed by law. 

8. The neglect or refusal of any officer in office to ex- 
ecute and file an additional bond, when lawfully required, 
in the manner and within the time so required or prescribed 
by law. 

9. The death or declination in writing, of any parson 
elected or appointed to fill a vacancy, or for a full term, be- 
fore he qualifies, or his death or such declination before the 
time when, by law, he should enter upon the duties of his 
oflBce, to which he was elected or appointed. 

10. On the happening of any otiier event which is de- 
clared by any special provision of law to create a vacancy. 

The only change in this law is the added provision, that^ 
an office becomes vacant when the incuoabent is adjudged 
insane by a competent tribunal. 

CHAPTER 373. 

AN ACT, to amend chapter 22, of the laws of 1887, entitled, 
" an act to amend chapter 258, of the laws of 1883," en- 
titled, " an act to provide for the annual publication of a 
railroad map, and appropriating money therefor." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 1, of chapter 22, of the laws of 1887, 
amendatory of chapter 258, of the laws of 1883, is hereby 
amended so as to read as follows: Section 1. There shall 
be published annually, under the supervision of the railroad 
commissioner, ten thousand copies of the railroad map of 
Wisconsin — of which five thousand copies shall be mounted 
on muslin and provided with rollers, to be distributed by the 
state superintendent of public instructiou among the schools 
of the state, two thousand copies shall b3 like vise m )aated 
on muslin and provided with rollers to be apportioned and de- 
livered to the membersof the legislature, and the remaining 
three thousand copies shall be unmounted and distributed 
by the railroad commissioner; and a sum of money sufficient 
to carry out the provisions of this act is hereby appro- 
priated out of any money in the state treasury not other- 
wise appropriated. 

Under this law, about five-sevenths of the schools of this 

state can annually be supplied with an excellent railroad 

map of the state. Doubtless, as heretofore, these maps will 

be distributed through city and county superintendents. 

The first distribution will take place in the spring of 1890. 

Section 262, of chapter 17, of the revised statutes, relat- 



17 

ing to the trust funds and their management, as amended 
by chapter 393, general laws of 1£89. 

Section 262. Before applying for such loan, every school dis- 
trict shall authorize such application by a vote of a majority 
of the legal voters of said district voting on such question ; and 
if at a special meeting, the object of such meeting shall be 
clearly stated in the notice thereof, and such district shall not 
thereafter rescind said tax, reconsider such vote, or in any 
wise hinder, delay or postpone the levy and collection of the 
tax so voted, and shall not expend the money so raised or 
loaned for any other purpose. Application for such loan shall 
be made by the district board of such school district in writ- 
ing, stating the amount required, the assessed valuation of 
the taxable real property of such district, and the total as- 
sessed valuation of the taxable property of such district as 
shown by the last assessment roll; and if such district be a 
joint district, such assessed valuation in its several parts sep- 
arately, so that the valuation of so much thereof as lies in each 
town of which it is a part may be readily known; and the 
total amount of all the other indebtedness of such district 
and the facts in detail in respect to the holding of the meet- 
ing and passing the votes required as aforesaid, and shall 
be accompanied by a correct map or plat of such district. 
Such application and map shall be recorded in the office of 
said commissioners; and such application and the record 
thereof and such statement shall be conclusive evidence of 
the facts therein stated. All such applications shall be 
acted upon by the said commissioners in the order of time 
in which ttiey shall be filed. 

By this amendment the clause requiring school districts 
before obtaining a loan to vote a tax equal to one-half of 
the amount of the loan asked for, to be collected within two 
years, and to be used in addition to the amount borrowed 
for building purposes, is repealed. This, together with the 
reduction of the rate of interest upon trust funds to five per 
cent, per annum, provided for by another statute, enables 
school districts to borrow money for building purposes upon 
very favorable terms. 



CHAPTER 417. 

AN ACT authorizing the governor to designate a day to be 
known as "Arbor day." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The governor is hereby authorized to set apart 



18 



by proclamation one day in each year to be observed as a 
tree planting or arbor day, requesting all public schools and 
colleges to observe the same by suitable exercises, having for 
their object the imparting of knowledge of horticulture, in 
the department known as arboriculture, and the adornment 
of school and public grounds. 



CHAPTER 426. 

Aj^ act to provide for more efficient supervision of free 
high schools, and for promoting and encouraging the or- 
ganization of town high schools in rural townships. 

"The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The state superintendent is hereby authorized 
to appoint a person of suitable qualifications to assist him 
in visiting, inspecting and supervising the free high schools 
of the state, and to aid in giving information and needed 
assistance to localities in organizing and maintaining free 
high schools in towns where no graded schools exist. 

Section 3. The person appointed pursuant to the provis- 
ions of this act shall receive an annual salary of eighteen 
hundred dollars, and reimbursement for all actual and 
necessary expenses incurred, payable monthly, upon the 
<3ertificate of the state superintendent, from the annual ap- 
propriation to encourage the establishment of free high 
schools provided in chapter 352, of the general laws of 1885. 

Section 3. The person hereby authorized to be appointed 
by the state superintendent may be assigned such duties in 
the office of the state superintendent when not engaged in 
the specific duties enumerated in section 1, of this act, as the 
said state superintendent may determine and designate. 

This is a new statute, and provides for an aditional as- 
sistant, the need of which has been almost universally recog- 
nized for many years. 



CHAPTER 437. 

AN ACT to provide for the office of a school district officer 
becoming vacant. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. When any school district officer, either clerk, 
director or treasurer, shall be and remain absent from the 
district for which he was elected for a period exceeding 



19 

sixty days, the office shall be deemed vacant by reason of 
such absence, and the remainder of the board shall have the 
power to appoint a successor, or in their failure so to do the 
town clerk shall have the same power to fill the vacancy in 
said school district office as provided by section 433 of 
chapter 27, of the revised statutes. 

By this act a remedy is provided for an evil quite largely 

experienced in some sections of the state. Persons holding 

school district offices absent themselves without resigning 

the office held, thereby greatly embarrassing the legal and 

orderly management of school district afifairs. An absence 

by an incumbent exceeding sixty days will hereafter work 

a vacancy in a school district office, and such vacancies can 

be filled, and the district relieved from embarrassment. 



CHAPTER 458. 

AN ACT to appropriate annually the sum of one thousand 
dollars to aid in maintainrng a summer school for teachers 
in connection with the University of Wisconsin. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. There is hereby annually appropriated out of 
any funds in the state treasury not otherwise appropriated, 
the sum of one thousand dollars to aid in maintaining a sum- 
mer school of science, literature, language and pedagogy, in 
connection with the University of Wisconsin. 

Section 2. All teachers employed in the school mentioned 
in section 1 of this act shall be designated by the state 
superintendent and the president of the university jointly, 
and all expenditures for assistants, apparatus and other 
incidental purposes, together with the salaries of teachers, 
shall be certified by the same officials. 

Section 3. Whenever the state superintendent and the 
president of the University of Wisconsin shall certify that 
a summer school for teachers has been maintained during 
the months of July or August in any year for the period of 
four weeks or more, and the person named in the certificate 
is entitled to the sum named therein for services or material 
furnished in connection therewith, the secretary of state 
shall draw his warrant on the state treasurer in payment 
thereof. But no warrant shall be drawn in excess of the 
amount herein appropriated, in any year. 

By this act Wisconsin becomes a pioneer among the states 

in recognizing in a material and substantial form a feature 

of educational work which has in itself the " promise and 



20 

potency " of great helpfulness to many schools and teachers. 
This school, which for two years has been supported by 
volunteer aid wholly, will now be enabled to present induce- 
ments for attendance in the way of varied and eminent 
special instructors not practicable heretofore. 

CHAPTER 466. 

AN ACT to amend section 496, of the revised statutes, as 
amended by chapter 245, general laws of 1879, chapter 273, 
laws of 1883, and chapter 420, laws of 1885, relating to free 
high schools. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 496, of the revised statutes of 1878, as 
amended by chapter 245, general laws of 1879, chapter 273, 
general laws of 1883, and chapter 420, general laws of 1885, 
is hereby amended to read as follows: Section 496. Any 
high school district which shall have established a free high 
school, according to the provisions of these statutes, and 
shall have maintained the same for not less than three 
months in any school year, shall be entitled to receive from 
the general fund of the state, annually, one-half the amount 
actually expended for instruct! m in the high school of such 
district during such school year, over and above the amount 
required by law to be expended for common school purposes, 
but not to exceed in one year five hundred dollars to one 
district. To obtain such aid, the high school board, or, in 
cities not under a county superintendent, the president and 
secretary of the board of education, and the treasurer shall,. 
on or before the first day of November, report in duplicate to 
the state superintendent, under their oaths, the amount ac- 
tually expended for instruction during the previous school 
year, specifying the several items thereof, with the date and 
object of each, fully. Thereupon the state superintendent 
shall fix the amount to be paid such high school district, and 
certify the same to the secretary of state, with one of such 
reports annexed. On such certificate at any time after the 
first day of December, the same shall be paid to the district 
treasurer out of the state treasury. The secretary of state shall 
annually include and apportion in the state tax all such sums 
as shall have been so paid, in addition to all other sums to be 
levied for the year. Hereafter, when by any neglect or 
omission, any free high school shall fail to haveapportioced 
to it its share of state aid under this act, the state superin- 
tendent may, after the time hereinbefore fixed for such ap- 
portionment by him, fix an amount ten per cent, less than 
the amount which such free high school would have been 



21 

entitled to had it complied with the provisions of this act, 
and certify the same to the secretary of state, with the re- 
port of such district or districts annexed thereto, and the 
secretary shall thereupon draw his warrant for such amount 
or amounts in favor of such district or districts. The whole 
amount annually paid uader the provisions of this section 
shall not exceed the sum of twenty-five thousand dollars, 
and if more be demanded by such districts, they shall be 
paid proportionally. Provided, however, that if the whole 
amount authorized to be paid annually in aid of free high 
schools in towns having no graded schools, by chapter 353, of 
the general laws of 1885, is not demanded or expended under 
the provisions of that law, then the unexpended balance of the 
amount therein annually authorized to be paid in aid of 
free high schools in towns having no graded schools, may 
be added to and apportioned among the free high schools 
provided for in sections 490 and 491, of the revised statutes; 
but no more than fifty thousand dollars shall be apportioned 
to both classes of free high schools in any one year, as now 
provided by law. 

The effect of this law will be lo increase materially the 
amount which free high schools in connection with graded 
schools will annually receive. But few high schools in 
towns having no graded schools have as yet been estab- 
lished. Hence the larger part of the fund provided for that 
class of high schools will be available for apportionment 
among the free high schools of the former class. 



CHAPTER 472. 

AN ACT relating to the loss or destruction of records per- 
taining to school districts. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as-follows: 

Section 1. Whenever the record of the formation or 
establishment of boundaries of any school district in this 
state shall be lost or destroyed, the town board of the town, 
trustees of the village, or common council of the city in 
which such district lies, shall have power to make a new 
record of the boundaries of such school district, by written 
order made and entered in the records of such town, village 
or city. Whenever the town board, trustees of the village, 
or common council of the city, shall contemplate making 
such new record, they shall give at least five days' notice in 
writing to the clerk of the district to be affected thereby, 
stating in such notice the time and the place when and where 
they will be present to decide upon and make such new rec- 
ord, and such clerk shall immediately notify the other mem- 



22 

bers of the board. In all cases where such new record 
shall be made the order constituting the same shall within 
three days be entered in the record of the proper town, vil- 
lage or city, and the clerk thereof shall within the same time 
file a copy of such order with the clerk of the school district 
affected thereby. Any number of districts as to which the 
records are so lost or destroyed may be included in one order 
or notice. In case of the loss or destruction of the records 
pertaining to a joint school district, the clerk of the town, 
city or village shall procure and record a certified copy of 
the records of other towns, cities or villages relating to such 
joint district, or the common council of the city, trustees of 
the village, or town boards of the towns in which such joint 
school district lies, may meet and act together in the mak- 
ing of any new record of the boundaries of such joint school 
district. An order made pursuant to this section or the rec- 
ord thereof shall be presumptive evidence of the regularity 
of Jthe proceedings prior to the making thereof, of the 
legality of the formation of the district affected, of the 
boundaries thereof, and of the loss or destruction of the rec- 
ord of the formation or establishment of the boundaries 
of such school district. Parties conceiving themselves ag- 
grieved by any decision made under the provisions of this 
act may appeal therefrom in the manner provided by 
section 497, of the revised statutes. 

Section 2. This act shall be so construed as to apply to 
cases of losses or destruction of records which have hereto- 
fore occurred or may hereafter occur. 



CHAPTER 519. 

AN ACT concerning the education and employment of 

children. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Every parent or other person having under his 
control a child between the ages of seven and fourteen 
years, shall annually cause such child to attend some public 
or private day school in the city, town or district in which 
he resides for a period not less than twelve, weeks in each 
year, which number of weeks shall be fixed prior to the first 
day of September in each year by the board of educa- 
tion or the board of directors of the city, town or dis- 
trict, and for a portion or portions thereof to be so fixed by 
such boards, the attendance shall be consecutive, and such 
boards shall, at least ten days prior to the beginnmg of such 
period, publish the time or times of attendance in such man- 
ner as such boards shall direct; provided, that such board 
shall not fix such compulsory period at more than twenty- 
four weeks in each year. 



23 

Section 2. For every neglect of such duty the person hav- 
ing such control and so offending shall forfeit to the use of 
the public schools of such city, town or district a sum not 
less than three dollars ($3.00) nor more than twenty dollars 
($20.00); and failure for each week or portion of a week on 
the part of any such person to comply with the provisions 
of this act, shall constitute a distinct offense; provided that 
any such child shall be excused from attendance at school 
required by this aot, by the board of education or school 
directors of the city, town or district in which such child 
resides, upon its being shown to their satisfaction that the 
person so neglecting is not able to send such child to school,, 
or that instruction has otherwise been given for a like period 
of time to such child in the elementary branches commonly 
taught in the public schools, or that such child has already 
acquired such elementary branches of learning, or that hi& 
physical or mental condition is such as to render attendance 
inexpedient or impracticable; and in all cases where such 
child shall be so excused the penalty herein provided shall 
not be incurred. 

Section 3. Any person having control of a child who^ 
with intent to evade the provisions of this act, shall make a 
willful false statement concerning the age of such child, or 
the time such child has attended school, shall, for such 
offense, forfeit a sum of not less than three dollars ($3) nor 
more than twenty dollars ($20), for the use of the public- 
schools of such city, town or district. 

Section 4. Five days prior to the beginning of any prose- 
cution under this act such board shall cause a written notice 
to be personally served upon such person having control of 
any such child, of his duty under this act, and of his default 
in failing to comply with the provisions hereof, and if, upon 
the hearing of such prosecution, it shall appear to the satis- 
faction of the court that before or after the receipt of such 
notice such person has caused such child to attend a school 
as provided in this act in good faith and with intent to con- 
tinue such attendance, then the penalty provided by this 
act shall not be incurred. 

Section 5. No school shall be regarded as a school under 
this act unless there shall be taught therein, as part of the 
elementary education of children, reading, writing, arith- 
metic and United States history in the English language. 

Section 6. Prosecutions under this act shall only be insti- 
tuted and carried on by the authority of such boards, and 
shall be brought in the name of said boards, and all fines 
and penalties, when collected, shall be paid to the school 
treasurer of such city, town or district, or other officer en- 
titled to receive school moneys, the same to be held and 
accounted for as other school moneys received for school 
purposes. 

Section 7. Jurisdiction to enforce the penalties herein 
described in this act is hereby conferred on justices of the- 



24: 

peace and police magistrates within their respective coun- 
ties. 

Section 8. Any child between the age o£ nine and four- 
teen years, who without leave and against the will of his 
parent, guardian or other person having the right to control 
such child, habitually absent, himself from the school to 
which he is sent, or directed to be sent, and is beyond the 
control of his parent or guardian or other person having 
the right to control such child in that regard, and wanders 
or loiters in streets, alleys, or other public places, shall be 
deemed a truant child, and on such truancy being alleged 
and proved, such truant child shall be adjudged a dependent 
child in like manner as is now provided by law for the 
adjudication of dependent children, and on being so 
adjudged dependent may be committed in like manner for 
such time, not exceeding two years, as the judge or court 
having the jurisdiction of the matter may determine. Any 
child so committed may upon proof of amendment or for other 
sufficient cause shown upon a hearing of the case, be dis- 
charged by such judge or court at any time, but such child 
shall not be so confined after the age of fourteen years, nor 
shall he be bound or apprenticed nor placed out of any 
school to which he sUall be committed. Officers appointed 
by the board of education or board ot school directors shall 
have power and authority to take a truant child found on 
the streets, alleys, or other public places during school hours 
to such school conveniently located to the home of such 
child as may be designated and requested by such parent, 
guardian or other person having the right to control such 
child, and such officer shall ascertain from such parent, 
guardian or other person having the right to control such 
child, the school which he desires such child shall attend; 
or in case of refusal to designate and request by the parent, 
guardian or other person having the rigUt to control such 
child, or in case such child has no parent, guardian or other 
person in control, then to the public school situated in the 
district where such child lives, or to such public school as 
such board may direct. 

Section 9. No child under thirteen years of age shall be 
employed or allowed to work by any person, company, firm 
or corporation at labor or service in any shop, factory, mine, 
store, place of manufacture, business or amusement, except 
as hereinafter provided. 

Section 10. The judge of the county court in the county 
where the child resides and is to be employed or to work, 
may, by order of record, grant a permit to any child over 
ten years to be exempt and iu such county from the opera- 
tion of this act as to such employment, and to such extent, 
and for such time and on such terms as may be named in 
such permit, on its being shown to his satisfaction that 
such child can read and write the Eoglish language, and 
that it is fit and proper, considering the lack of means of 



25 

support of the family of which such child is a member, that 
such permit should be granted, and such permit may be re- 
scinded by any such judge on written notice to such child 
or to any person having control of or employing such child. 
Such permit must state the age, place of residence, and the 
amount of school attendance prior to the granting of such 
permit. A record of such permits to be kept in such court. 
The court may, when the business of the court requires, ap- 
point a suitable person to hear and report on all applica- 
tions for the issuance and recision of permits, and may, on 
hearing such reports, grant or refuse such application. 
Such person to be paid a reasonable compensation by the 
county, to be fixed by the county board. Such person shall 
be an officer of the court and removable by an order of the 
court at any time. No charge or fee shall be required in 
any matter under this section. 

Section 11. ISTo child shall be so employed or work who 
does not present such permit, and every person before em- 
ploying or permitting such child to so labor or be at service, 
shall require and retain such permit, and shall keep the 
same, together with a correct list of all children so employed, 
posted in a conspicuous manner in the place of employment, 
and shall show such list on demand, to any school officer or 
teacher or police officer. 

Section 12. Any person, company or corporation who 
employs or permits to be employed or to work any child in 
violation of this act, and any person having the control of 
any such child who permits such employment or work, shall 
for every offense forfeit a sum of not less than ten dollars 
($10) , nor more than fifty dollars ($50), for the use of the public 
schools of such city, town or district, and every day of such 
illegal employment shall constitute a distinct offense. 

Section 13. Any person having control of or in his em- 
ploy a child who, with the intent to evade the provisions of 
this act, shall make a false statement concerning the age 
of such child or the time such child has attended school, or 
shall instruct such child to make any false statement, shall, 
for such offense forfeit a sum of not less than ten dollars ($10), 
nor more than fifty dollars ($50), for the use of the public 
schools of such city, town or district. 

The above is a very important law, and demands the care- 
ful consideration of every parent or guardian of minor 
children of the age when they are required to attend school 
for a certain period annually. It also requires attention on 
the part of those who employ minor children of the age 
mentioned in any capacity whatsoever. 

Under the first section of this act it becomes the duty of 
school boards annually to fix the number of weeks such minor 
children shall attend school, which in any case can^not be less 



26 

than twelve nor more than twenty- four weeks; also to de- 
termine the number of weeks wherein attendance shall be 
consecutive, fix the dates between which the periods of com- 
pulsory attendance shall be observed, and give public notice 
of the periods they have thus fixed, and of the number of 
weeks such minor children must attend school. 

The four following acts relate to the University of Wis- 
consin, and are included herein for the information of those 
interested. 

CHAPTER 273. 

AIST ACT to amend sections 385 and 386 of the revised stat- 
utes of 1878, entitled, "Of the university." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows : 

Section 1. Section 385, of chapter 25, of the revised stat- 
utes of 1878, is hereby amended so as to read as follows: The 
object of the University of Wisconsin* shall be to provide 
the means of acquiring a thorough knowledge of the va- 
rious branches of learning connected with literary, scientific, 
industrial and professional pursuits, and to this" end it shall 
consist of the following colleges or departments, to- wit: 

1. The college of letters and science. 

2. The college of mechanics and engineering. 

3. The college of agriculture. 

4. The college of law. 

5. Such other colleges, schools or departments as now are 
or may from time to time be added thereto or connected 
therewith. 

Section 3. Section 386, Of chapter 25, of the revised stat- 
utes of 1878, is hereby amended so as to read as follows: 
The college of letters and science shall embrace liberal 
courses of instruction in language, literature, philosophy 
and science, and may embrace such other branches as the 
regents of the university shall prescribe. The college of 
mechanics and engineering shall embrace practical and 
theoretical instruction in the various branches of mechanical 
and engineering science and art, and may embrace such ad- 
ditional branches as the regents may determine. The college 
of agriculture shall embrace instruction and experimentation 
in the science of agriculture and in those sciences which 
are tributary thereto, and may embrace such additional 
branches as the board of regents shall determine. The col- 
lege of law shall consist of courses of instruction in the 



27 

principles and practice of law, and may include such other 
branches as the regents may determine. 

CHAPTER 289. 

AN ACT to amend section 378 of the revised statutes of 
1878, entitled, "Of the university." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. Section 378 of chapter 25 of the revised stat- 
utes of 1878 is hereby amended so as to read as follows: The 
government of the university shall vest in a board of re- 
gents, to consist of one member from each congressional 
district of the state, and two members from the state at 
large, to be appointed by the governor, and of the ex officio 
members hereinafter mentioned. The term of office of the 
appointed regents shall be three years from the first Mon- 
day in February in the year in which they are appointed, 
unless sooner removed by the governor; but appointments 
to fill vacancies before the expiration of the term shall be 
for the residue of the term only. The state superintendent 
of public instruction shall be ex-officio a member of said 
board of regents. The president of the university shall also 
be ex officio a member of the board of regents and a mem- 
ber of all its standing committees, but he shall have the 
right to vote only in case of a tie. 



CHAPTER 282. 

AN ACT to provide for increasing the facilities of the 
department of mechanic arts, of the state university, and 
to establish courses in railway and electrical engineering 
therein; and making an appropriation therefor. 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. To provide for needed additional facilities for 
instruction in the department of mechanic arts, of the state 
university, and for the establishment of courses of instruc- 
tion in railway and electrical engineering therein, there is 
hereby annually appropriated to the university fund income 
one per cent, of the funds derived by the state from the 
license tax upon railroad companies, railway car companies, 
or other transportation companies, and upon telegraph. 
companies, telephone companies, and other electrical com- 
panies. J 



28 



CHAPTER 416. 

AN ACT to amend chapter 25, of the revised statutes of 
1878, entitled, " Of the university." 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows: 

Section 1. The regents of the University of Wisconsin 
shall cause the building known as Ladies' Hall, and now 
occupied by female students of the university, to be heated 
throughout by steam on or before the opening of the fall 
term of 1889 of the university; and said building shall here- 
after be known as Ladies' Hall, and shall be used hereafter 
for and by the female students attending said university, 
and not otherwise. 

Section 2. The regents of the ' university are hereby 
authorized and directed to employ a competent preceptress, 
who shall have charge and general supers* ision of said 
Ladies' Hall, under the direction and regulations of the said 
regents, at a salary of not more than fifteen hundred dollars 
per annum; provided, that said preceptress shall perform 
such duties and teach such classes as said regents may 
from time to time require. 

Section 3. There is hereby appropriated, for the purpose 
of properly heating and lighting, as hereinbefore provided, 
out of any money in the treasury not otherwise appropriated, 
the sum of five thousand dollars. 



iW" This pamphlet is folded and trimmed so that it may 
be inserted in the School Code. If fastened there, with a 
little mucilage or paste, it will be less liable to get mislaid 
or lost. 



;-ir?,kx-.v...n 



LAWS OF 1893 



RELATING TO 



Public Schools. 



Bt^^This sheet is folded and trimmed so that it may be inserted in the 
School Code. If fastened there, with a little mucilage or paste, it will be 
less liable to be mislaid or lost. 



DEMOCB.i.T PKlNTINa COllPANY, STA.TE PRINTERS, MADISON. 



LIBRARY OF CONGRESS, 

RECEIVED 

AUG 9 190] 

DIVISION OF DOCUMENTS. 



LAWS OF 1893. 



PENAL FINES. 



Must be entered in docket— Section 1. (Chapter 146.) 
It is hereby made the duty of every justice of the peace, 
police justice, municipal judge or other magistrate, who re- 
ceives any fine or fines authorized to be received by section 
4772, of the revised statutes, to enter the amount so received, 
with the date when received, upon the docket or other rec- 
ord required by law to be kept by him. 

How reported to county board. — Section 2. The chair- 
man of every town, the supervisor of each ward in every 
city, and the supervisor of every village shall personally 
inspect the docket of every justice, police justice, muni- 
cipal judge, or other magistrate, receiving fines under 
section 4772, of the revised statutes, whose office is 
located within the town, ward or village represented 
by such chairman or supervisor, on or before the 
first day of November of each year, and ascertain 
therefrom the amount of such fines received by said 
justices, police justices, municipal judges, or other magis- 
trates during the preceding year ending October 31. It is 
further provided that said chairman or supervisor shall 
make a separate report in writing for each such officer to 
the county board, which report shall be verified by his af- 
fidavit and shall embrace the title of each case in which any 
such fine was received, the date of conviction, and the 
amount of fine received during the year covered by said 
report. 

Oourity boaril shall compare reports. — Section 3. The 
county board of every county, at its annual meeting, shall 
compare the reports, required of its members by this chap- 



ter, witli the writtt^n reports made by justices, police jus- 
tices, municipal judges and other magistrates to couaty 
treasurers, in pursuance of section 4:772 of the revised stat- 
utes. 

District attorney to prosecute.— Seotiox 4. The dis- 
trict attorney of each county shall, by the direction of the 
county board thereof, prosecute any justice, police justice, 
municipal judge or other magistrate who shall ^rdl lo com- 
ply with the lequirements of section 4772 of the revised 
statutes, or shall neglect or refuse to make the entries in 
his docket or other records, as provided in this chapter, or 
who shall neglect or refuse to submit his docket or other 
record for inspection, as herein provided. 

Pendty. — Section 5. Every justice of the peace, police 
justice, municipal judge or other magistrate who shall vio- 
late any of the provisions of this chapter, shall be subject 
to a fine not to exceed fifty dollars for each offense. 

The purpose of this law is to carry into eff<-ct section 2, 
art. X of the constitution which, among other things, pro- 
vides that "the clear proceeds of all fiaes collected in the 
several counties for any breach of the penal laws * * * 
shall be set apart as a separate fund, to be called the school 
fund." The necessity for a measure of this character be- 
came evident as a result of an investigation by the state 
superintendent as to the annual additions to the school 
fund from this source. The data collected may be found in 
the last biennial report of this department, pp. 147-153. 

The tables published indicate an annual loss to the school 
fund of thousands of dollars, caused by the failure of the 
fines collected to reach the state treasury. The books of 
the secretary of state reveal a great discrepancy in the 
amounts received from counties having the same popula- 
tion, and still greater iathe sums received from counties of 
unequal size. The discrepancy is so marked as to justify 
the conclusion that large amounts of fines collected are 
mi-appropriated and lost to the state school fund. 

The constitutional provision includes all fines imposed 
for the breach of the penal laws of the state, which em- 
brace every offense for which the general laws provide a 
penalty. The citations given below are to the effect ihat 
the clear proceeds of penal fities cannot be appropriated 
otherwise than in accordance with the requirements of the 
constitution. 

In Lynch v. The Stean^er Economy, 27 Wis.. 69, it was 
held that an act of ttie legislature giving one-half of the 



penalty imposed by it upon steamboats navigating certain 
rivers without any sufficient spark-catcher, etc., lo the 
county within which the offense was committed, and the 
remaining half to the party entering the complaint, was 
contrary to the foregoing provision of the constitution and 
invalid. In Dutton v. Fowler, 27 Wis., 4,27, the action was 
to recover certain forfeitures under a statute which de- 
clared that the person who should enter the complaint 
should be entitled to the entire amount recovered. It was 
held that the act was unconstitutional for the reason given 
above. 

The officers charged by thi- act with the enforrement of 
section 2, article X, of the constitution should include in 
their reports to the county board of supervisors the lines 
collected under city ordinances for offenses which consti- 
tute breaches of the penal laws of the state, and for which 
the general laws prescribe penalties. Although the pro- 
ceedings are hail under ordinances, the character of the 
offense is not changed. Anv o her construction would per- 
mit villages and cities, under ordinances, to evade the con- 
stitution and deprive the setate school fund of this impor- 
tant source of revenue. 

The power to divert the clear proceeds of penal fines 
from the school fund is denied to the legislature. An au- 
thority denied to the legislature cannot be delegated by it 
to villages or cities. Therefore these municipalities cannot 
in punishing penal offenses as breaches of ordinances, re- 
tain the proceeds of the fines imposed. The constitution 
cannot be evaded by indirect means. A statute conferring 
such authority upon villages or cities must necessarily be 
unconstitutional. In case of Churchill vs. Herreck, 3i 
Wis., 361, the supreme court declares that all ordinpnces 
that contravene sec. 2, art. X, of the constitution are void. 
Fines imposed under ordinances of this character are penal 
fines within the meaning of the constitution and belong to 
the state school fund, ISTo deductions can be made from 
fines collected for nefraying the expenses of the court or 
otherwise, unless the power to withhold them is expressly 
given by the statures. The power of the legislature in this 
respect is limi'ed to a fraction of the fine or fines collected. 

The legislature has pro voided for no deduction from such 
fines except two per cent, thereof, which the county treas- 
urer may retain. 52 Wis , 488. 

The passage of this law does not in any way release 
magistrates from the consequences of former neglect or 
malfeasance. City and county treasurers obtain no im- 
munity from it. Counties and municipalities are liable for 
unlawful diversions and misappropriations. Laws and 
ordinances in violation of the constitution afford no barrier 
against prosecution and the recovery of the clear proceeds 
of all penal fines. The constitutional provision has re- 



6 

mamed unchanged since its original adoption. The 
general laws have invariably directed the placing of this 
money in the school fund. The supreme court has uni- 
formly held that it could not be otherwise appropriated. 
Thus triply warned there remains no recourse against a 
general refunding upon demand. There seems to be no 
doubt that the general recovery of all these moneys would 
add many hundreds of thousands of dollars to the school 
funds. Full compliance with the present law will afford a 
yearly ga,in of many thousands more. 



DIPLOMAS. 

Wisconsin colleg*^s, nniversity and normal school , 
when a le^al license to tea-h — Section ] (Chapter 156). 
Any diploma which, by law the state superintendent is 
authorized to countersign, and which, when so counter- 
signed. ha.s the force and effect of an unlimited state 
certificate to teach in the common schools of the state, 
shall constitute a legal licensf^ to teach in any public 
school in the state without further examination, fur such 
period from the date of issuance of said diploma, as, by 
existing laws, the holder thereof is required to teach before 
said diploma may be countersigned by the state superin- 
lendent. 

C rtificate from normal ^cho ils— When a legal license 
— Section 2. A certificate from the elementary course of 
the normal schools shall constitute a legal license to teach 
for one year in any commcn school without further exam- 
ination; provided, that a limited state certificate and a 
certificfcite from the elementary course of the normal 
schools shall not qualify the holder as principal of a free 
higb school having a four years' course of stutiy. 

J)iploma» from otVier colleges and universities when 
countersigned. — Section 3. Alter any person has gradu- 
ated at any incorporated college or university, whose courses 
of study are fu'ly atid fairly equivalent to the correspond- 
ing courses of study in the state university, and after such 
graduation has successfully taught a public school for six- 
teen school months, the state superintendent shall have 
authority to countersign the diploma of such teacher, after 



such examination as to moral character, learning and abil- 
ity to teach as to said superintendent may seem proper 
and reasonable, and after having ascertained that the 
course of study from which such person has graduated is 
fully and fairly equal to the corresponding course in the 
state university. 

Countersigned diplomas, qualiflcations to teach. — Sec- 
tion 4. Any person holding a diploma granted by any such 
aforesaid college or university, certifying that the person 
holdiug the same is a graduate of such college or university, 
shall, after his diploma has been countersigned by the state 
superintendent, as aforesaid, be deemed qualified to teach 
any of the pubhc schools of the state, and such diploma 
shall be a certificate of such qualification, until annulled by 
the state superintendent. 

Certificates from oth r states — when countersigned — 
Section 5. Teachers' certificates, granted by other states, 
which are fully and fairly equivalent to the Wisconsin un- 
limited certificate, may be countersisrned by the state 
superintendent. The holder of such certificate shall fur- 
nish to the state superirtendent such evidence of good 
moral character, experience and success in teaching as is 
required for the unlimited state certificate. When counter- 
signed, such certificates shall have the force and effect of 
"the unlimited state certificate. 

Section 6. All acts or parts of acts in conflict with the 
provisions of this act are hereby repealed. 

The only diplomas that the state superintendent was au- 
thorized to countersign at ihe time of the passage of this 
act were those granted by Wisconsin universities, colleges 
and normal schools. The reference in Sec. 1. can, there- 
fore, include only such diplomas. Graduates of the state 
university, specified under Sec. 45-c, Sanborn & Berry- 
man (p. GG, code), and graduates of the normal schools may 
have their diplomas countersigned by the state superin- 
tendent after one year's successful teaching in the public 
schools of the state subsequent to graduation. Graduates 
of the state university, mentioned under Sec. 387, and the 
graduates of Wisconsin iostitutions recognized under 
chap. 209, laws of 188U, may have their diplomas counter- 
signed after two years' successful teaching as indicated 
above. Satisfactory testimonials as prescribed by law will 



be required. The diplomas specified in the first case con- 
stitute a valid certificate for one year. Those in class two 
constitute a valid certificate for two years. 

It is not thought that the remaining sections require in- 
terpretation or explanation. 

It should be noted that the diplomas of normal schools 
located without the state are not includel in the provisions 
of this law. The holders of such diplomas must obtain 
legal qualifications as teachers of common schools before 
they can make a valid contract to teach in a public school. 

Diplomas from kindergarten training' course^i— Legal 
certificate for one year.— Section i. (Chapter 149.) Any 
diplomas granted by the board of regents of normal schools 
to persons who complete the kindergarten training course, 
established by said board in any of the state normal 
schools, shall be regarded as certificates legally qualifying 
the holders thereof to teach for one year in any kinder- 
garten forming a part of the public school system of the 
state. 

When countersigned— Effect of countersignature. — Sec- 
tion -2. When any person has, after receiving the diploma 
referred to in section 1 of this act, taught in a public kin- 
dergarten in this state one year, the state superintendent 
may, after such examination as to moral character, learn- 
ing and ability to teach, as to him may seem proper, coun - 
tersign the diploma of such teacher, and thereafter such 
countersigned diploma shall legally qualify the holder 
thereof to teach without further examination in any public 
kindergarten in the state, or until the same shall be an- 
nulled. 

The provisions of this chapter are limited in their opera- 
tion to certain diplomas granted by Wisconsin normal 
schools. These diplomas are made legal licenses to teach 
this class of schools for one year only, unless they are 
countersigned by the state superintendent at the close of that 
period. The conditions upon which they will be counter- 
signed are sufficiently stated in the act itself. 

Ob 

ELECTION OF DISTEICT OFFICERS. 

Must he by ballot— Section l. (Chapter 29) Subdivision 
3, of section 430, R. S., is hereby amended by adding the 
following: The election of all officers shall be by ballot. 



9 

and a majority of all the votes cast shall be necessary for 
a choice. The amended subdivision shall read as follows: 
3. To elect a director, treasiirer and clerk. The election 
of all officers shall be by ballot, and a majority of all the 
votes cast shall be necessary for a choice. 

The amendment to thi«! subdivision of section 430 fur- 
nishes school districts with a statutory rule governing the 
election of school district officers. The rule requires the 
voting to be done by ballot, and requires the successful can- 
didate to receive a majority of the votes cast. This does 
not mean a majority of the voters of the district present at 
the meeting, but a majority of the votes cast for all the 
candidates for the office to be filled. 

PURCHA=;ES by school BOA.RDS. 

How made and approved.— Section 1 (Chapter 56). 
Chapter 93, of the laws of 1885, amendatory of section 436 
of the revised statutes of 1878, be and the same is hereby 
amended by striking out the word "unanimously," where 
it occurs in section 1, of said act, so that said section when 
so amended shall read as follows: Section 436. The said 
board shall hav^e power to purchase a record book and such 
other books, blanks and stationery as may be necessary to 
keep a record of the proceedings of the district meetings, 
and the account of the treasurer, and for doing the business 
of the dfstrict in an orderly manner, and such maps, charts, 
globes and school apparatus as have been or may 
be approved as suitable for use of the schools by the state 
superintendent or by the county superintendent of the 
county, not exceeding seventy-five dollars in value in any 
one year, and such school books as in their judgment may 
be necessary for the use of any children attending in their 
district, whose parents and guardians may not be able to 
furnish the same. All such purchases shall be approved at 
a regular meeting of said board at which all the members 
thereof shall be present. The district board shall keep an 
accur?.te account of all expenses incurred by them under 
the provisions of this section, and present an itemized state- 
ment of the purchases to the annual school district meet- 
ing. 



10 

The change effected by this chapter relates to the action 
of the board. A majority of the board, at a regularly called 
meeting, may agree to purchase books or apparatus, as 
provided in this chapter, and their action will bind the dis- 
trict. I he unanimous consent of all the members is not 
required. 

REPORT OF SECRETARY. 

IVlien made — What to include. — Section 1. (Chapter 
215.) Section 534 of the revised statutes of the state of 
Wisconsin, as amended by section 3, chapter :297, laws of 
]887, is hereby amended by striking out the word "June," 
where it ap]3ears in said section, and inserting in lieu there- 
of the word "March," and by striking out the word "July" 
and inserting in place thereof the word "April," so that 
said section when so amended shall read as follows: Sec- 
tion 534:. (As amenned b}^ section 3, chapter 297, 1887.) It 
shall be the duty of the secretary, at least five days before 
the annual town meeting or election, each year, to make to 
the board of supervisors of the town a written statement, 
showing the receipts of money for school purposes from all 
sources, and the disbursements of the same, during the 
year ending on the last day of March preceding, in which 
statement shall be given under separate heads: 

1. The amount in the treasury at ihe beginning of the 
year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

■i. Amount received from all other sources. 

5. T he manner in which such sums have been expended, 
specifying the amount paid under each head of expend- 
iture. 

6. Amount remaining in the treasury. 

7. Amount of indebtedness of the township district, 
and when and how payable. 

The secretary shall accompany the above statement with 
estimates of the loard of the amount neceesaiy for the 
support of the schools during the year beginning on the 
first day of April next following, specif.ying the sums 
needed under the following heads : , 



11 

1. Amount for teachers' wages. 

2. Amount for schoolhouse sites, and for building, 
hiring or purchasing schoolhouses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, 
maps, globes, charts, and for all needful school-room 
appurtenances. 

5. An amount not to exceed one hundred dollars to 
purchase library books. 

This chapter applies only to towns havirg the township 
system of school government. It relates to ihe reporo 
required of the secretary by section 534. This report was 
formerly made for the year ending June 3'Hh. The change 
requires the report to embrace the financial receipts and 
disbursements for the year ending with March 31st. This 
Ooes not modify the secretary's duty under section 537, 
which requires him to report the items therein named to 
the county superintendent for the year ending on the 30tli 
day of Juue. 

ONE MILL TAX. 

Appropr ale to S'Ciiool fund income. — Section 1. 
(Chapter 2<i9). Chapter 287 of the laws of 1885, as amended 
by chapter 389, of the laws of 1891, is hereby amecded by 
striking out all of said chapter, except the first sentence of 
section 1, so that, when so amended, section 1 of said 
chapter shall read as follows: Section 1. There shall be 
*levied and collected annually a state tax of one mill for 
each dollar of the ass-essed valuation of the taxable property 
of the slate, which amount, when so levied and collected, 
is appropriated to the common school fund income, and 
shall be disbursed in the same manner and under the same 
conditions and restrictions required by law for the disburse- 
ment of the common school fund income. 

This law repeals the law of 1891, which provided for two 
annual apportionments of moneys to the common schools. 
Hereafter the entire school fund income, which includes 
the interest on the common school fund and the proceeds 
of the mill tax, will be disbursed at one apportionment, 
thus obviating much needless trouble and confusion. 



12 



LOANS FK(.>M TRUST FUNDS. 



Section 1. (Chapter i87.) The commisioners of public 
lands of tbe state of Wisconsin are hereby authorized and 
empowered to loan the trust funr's of the state at a rate of 
interest not less than four per centum per annum, but loans 
to school districts shall be made at a uniform rate of in- 
terests at four per centum per annum; provided, all 
such loans shall be made in accordance with the pro- 
visions of chapter !7 of the revised statutes and the several 
acts amendatory thereof. 

Section 2, All acts and parts of acts in conflict with the 
provisions of thiH act are hereby repealed. 

NORMAL schools. 

Appropriati(»n for.— Section 1. (Chapter 185.) There 
is hereby appropriated to the normal school fund income the 
sum of money mentioned and described in the fourth subdi- 
vision of section 1 of chapter 453 of the general laws of Wis- 
consin for the year 1891, the amount thereof being seventy. 
thousand nine hundred and thirty-nine dollars and two 
cents, which sum was, by said act, applied to the drainage 
fund. This appropriation shall include the said sum of 
money, and shall also include all earnings thereof that 
have been made since the ^ame w^as paid into the state 
treasury, and that may have been received by the stat^ 
treasurer at the date of the transfer of the said sum of 
money to the normal school fund income, as provided here- 
in. Twenty thousand dollars of the sum hereby appropri- 
ated may be used and expended by the board of regents of 
normal schools in the repair of present normal buildings 
and in the maintenance of such normal schools as are now 
established. The remainder of the said sum herein appro- 
priated to the normal school fund income shall be applied 
and used by said board in building and equipping two new 
normal school buildings, as the board shall hereafter lo- 
cate, establish and build. The secretary of state shall, im- 
mediately after the passage and publication of this act. 



13 

issue his warrant for tlie said amount of seventy thousand 
nine hundred and thirty-nine dollars and two cents to the 
s'ate treasurer, and the state treasurer shall, immediately 
upon the receipt thereof, transfer the said sum of money 
hereby appropriated from the drainage fund to the normal 
school fund income, to be used for the purposes hereinbe- 
fore specified. 

Section 2. Any person, town, incorporated village, 
€ity or county lying in Wisconsin, is hereby authorized to 
donate a site and moneys, for the purpose of aiding in the 
construction of said additional normal school buildings, 
and the provisions of chapter ^G of the Revised Statutes of 
1878, and the acts amendatory thereof, relating to the 
establishment of normal schools, and the donation of sites 
and sums of money for that purpose, shall apply to and 
govern all donations for the additional normal schools 
mentioned in this act. 

Section 3. For the purpose of constructing normal 
school buildings, and of conducting and maintaining 
normal schools therein, there shall be levied and collected 
annually, hereafter, as other state taxes are levied and 
collected, a state tax of one-twentieth of one mill for each 
dollar of the assessed valuation of the taxable property of 
the state; which amount so levied and collected, is hereby 
appropriated to the normal school fund income, for the 
uses and purposes specified in this section, 

DEAF AND BLIND CHILDREN. 

Sections. (Chapter 331, laws of 1891.) It shall be the 
duty of each county and city superintendent of schools to 
send to the superintendent of the state school for the deaf 
at Delavan and to the superintendent of the state school 
for the blind at Janesville, the address of parents, with the 
name and age of each deaf or blind child known to be in 
his county or city, and to inform parents, guardians and 
custodians of deaf mutes and blind children in his county 
-or city, respecting the several schools for deaf mutes and 
the blind in the state, and the conditions of ad- 



14 

mission to them; and for this purpose, the superintendents 
of such institutions shall provide each such superintendent 
with sufficient printed information and with the names and 
residences of all deaf mutes and blind children known to be 
in his county or city. And each such superintendent shall 
include in his annual report to the county board of super- 
visors or the city board of education, a statement of the 
number of deaf mutes and of blind children of school age 
in such county or city then receiving an education, or the 
number of each not receiving an education, and of the 
number of personal visits he has made during the year, 
upon the parents, guardians or custodians of such children, 
to induce them to give such children a proper education. 

Supt. J. W. Swiler, of the state school for the deaf at Del- 
avan, defines the purposes of the school ms follows: The 
school at Delavan is kept up by the state for the benefir. of 
all children, applying for a<<mission, who are too deaf to 
receive instruction in the public schools. The term begins 
the first \A ednesday of September in each year and contin- 
ues forty weeks. During the school term board, washing, 
tuition and books are free, and in cases of necessity trans- 
portation, to and from school, and clothes will be 
furnished. At the cloee of the term in June all children 
are returned to their homes tor their summer vacation. 
The school has three separate departments, 'J he first de- 
voted to reading, writing, language and all forms of com- 
position, arithmetic, geography, history, natural science 
and drawing. The second to useful trades, printing, cabi- 
net-makmg. shoe making and baking; and the third, the 
domestic department, in which an opportunity is given to 
learn cooking, baking au't various household duties. 

Applicants for admission shoul < not be under eight nor 
over twemy years o* age, of sound mind and body, and of 
good moral principhs. Since ihe state has made such 
ample provisions for the deaf, it is the desire of those in 
charge to so inform parents and guardians .f the peculiar 
advantages of this schxl that all deaf childrtru may be 
brought within its benign influence. 

The school 'or the blind is located at Janesville. Supt. 
L. S. Peasf^ in his report of the school for the bi. nnial 
period ending September ;;0, 189<J, makes the following 
s'atement: 

Since the state with unquestioned wisdom hps estab- 
lished ihis school for the benefit of ihose pupils who can- 
not see to study in the common schools, it se-ms desirable 
that all the relatives and friends of blind children in this 



15 



state should be accurately informed of the work that is be- 
ing- done, so that no blind child should fail to receive its 
benefits, through ignorance of the fact that the state main- 
tains a free school for their education. The progress of this 
age is too advanced to need any proof of the desirability of 
bringing within the influence of the school all children of 
the state who need its aid, from whatever standpoint the 
question may be viewed. 



4^(5'. 



LAWS OF 1895 



RELATING TO 

Public Sclnools 



j|@^This sheet is folded and trimmed so that it may 
be inserted in the School Code. If fastened there, with 
a little mucillage or paste, it will be less liable to be 
mislaid or lost. 



LIBRARY OF CONGRESS, 

RECEIVED 

AUG 91901 

DIVISION OF DOCUMENTS. 



LAWS OF 1895. 



SCHOOL LIBRARIES. 

Section 1. (Chapter 47.) The treasurer of each town 
in this state shall withhold annually from the money re- 
ceived from the school fund income for the several school 
•districts whose schoolhouses are located in the town of 
which he is the treasurer, an amount equal to ten cents 
for each person of school age residing in such districts 
:for" the purchase of books as hereinafter provided. 

Section 2. Between the tenth day of July and the 
thirty-first day of August in each year, the town clerk, 
•with the assistance of the county superintendent of 
■schools, shall expend all money withheld by the town 
treasurer as provided in section 1 of this act, in the pur- 
■chase of books selected from the lists prepared by the 
state superintendent as hereinafter provided, for the use 
of the several school districts from which money has 
been so withheld, and he shall distribute the books thus 
selected and purchased, among the several school districts, 
in proportion to the sums of money withheld from each. 

Section 3. It is hereby made the duty of the state 
•superintendent to prepare annually or biennially, as he 
may deem necessary, lists of books suitable for use in 
school district libraries, and furnish copies of such lists 
to each town clerk and each county superintendent, as 
•often as the same shall be published or revised, from 
which lists the several town clerks shall select and pur- 
chase books for use in the public school libraries in the 
several towns of the state as provided in this act. 



Section 4. It shall be the duty of each town clerk to 
keep a complete record of the books purchased by him 
and distributed to the several school districts, in a 
recoi'd book furnished by the state superintendent upon 
application, and he is hereby authorized from time to 
time, as he may deem necessai-y, to collect and redis- 
tribute amon^ the several school districts the books, 
purchased under the provisions of this act, in the same 
manner as provided for first distribution, to the end 
that each district may have the use of all books pur- 
chased for use in the school district libraries of the 
town. For such services properly rendered, the town 
clerk shall be allowed the usual per diem of two dollars 
for the time actually and necessarily spent. 

Section 5. Unless the school district shall, at the an- 
nual meeting, elect some other person to be librarian 
of the district, the district clerk shall act as librarian 
for the district and shall receive and have the care and 
custody of the books, distributed to the district, pursu- 
ant to the provisions of this act, and shall loan them to 
teachers, pupils and other residents of the district in 
accordance with the rules and regulations prescribed by 
the state superintendent. It is further provided that 
during the periods that the school is in session the li- 
brary shall be placed in the schoolhouse and the teacher 
■shall act as librarian under the supervision of the dis- 
trict clerk or of the librarian elected at the annual 
meeting. The state superintendent shall have authority 
to suspend the operation of this act for any year in any 
or every town, by giving due notice of such suspension 
to the respective town clerks on or before the tenth day 
of June. 

Section 6. The superintendent of farm institutes shall 
deposit, each year, with the state superintendent of 
public instruction a sufficient number of copies of the 
farm institute bulletin to supply every public school li- 



brary of the state with one copy of each edition of said 
bulletin, which bulletins the state superintendent shall 
send to the various town clerks who shall distribute 
them to the public school libraries of the schools in 
their respective towns, from which libraries the said 
bulletins shall be loaiied in like manner and under the 
same regulations prescribed for the loaning of books 
from the public school libraries of the state 

This is an amendment to chapter 288 of the laws of 
1889, and makes the withholding of ten cents for each 
person of school age mandatory on the town treasurer. 
It is also mandatory that the library shall be placed in 
the schoolhouse and kept there during the period the 
school is in session. 



COUNTY SUPERINTENDENTS. 

Section 1. (Chapter 333.) No person shall be eligible 
to the office of county superintendent who shall not at 
the time of his election or appointment have taught in 
the public schools of the state for a period of eight 
months, and who shall not at the time of such election 
or appointment hold a certificate entitling him to teach 
in any public school in the state, or a certificate to be 
known as a county superintendent's certificate, and 
which shall be issued by the state superintendent after 
examination by, and upon the recommendation of the 
board of examiners for state certificates. 

Section 2. The board of examiners for state certifi- 
cate shall, at the time of holding the regular examina- 
tions for state certificates now provided for by law, ex- 
amine .aU applicants for the county superintendent's 
certificate herein provided for, upon the branches upon 
which examination is now required for a first grade 
county certificate, and also upon school law, upon the 
organization and management of district schools,* and 
upon the supervision of district schools. 



Section 3. The board of examiners for state certifi- 
cates shall, in addition to the examination now pro- 
vided for by law, hold in the month of July of each 
year, three examinations simultaneously at thi-ee differ- 
ent points in the state. The points where such exam- 
inations shall be held shall be determined by the state 
superintendent, and shall be chosen with reference to 
the accommodation of applicants in different parts of 
the state. The examinations so held shall be for the 
purpose of examining applicants for the county superin- 
tendent's certificate herein provided for. Each of the 
three examinations shall be held under the supervision 
of a member of the board of examiners, but the scope 
and character of the examination shall be previously de- 
termined by the board of examiners and the state su- 
perintendent. Printed questions shall be prepared on 
each subject upon wnich the applicant is required to be 
examined, and the board of examiners shall examine 
the papers written by applicants and shall file all 
papers so written in the office of the state superintend- 
ent. 

Section 4. All persons passing the examination pre- 
scribed in section 3 to the satisfaction of the board of 
examiners for state certificates, and who shall furnish 
satisfactory testimonials of moral character to the board 
of examiners, shall, upon the recommendation of the 
board, receive from the state superintendent the county 
superintendent's certificate, which, together with the 
eight months' experience in teaching in the public 
schools provided for in section 1, shall constitute a legal 
qualification to hold the office of county superintendent 
of schools. It shall also legally qualify the holder to 
teach in any public school in the state for which a first 
grade county certificate is now a legal qualification. ' 
Such certificate shall remain in force until revoked by 
the state superintendent in accordance with the provis- 



6 



ions of section 457 of Sanborn & Bex'ryman's annotated 
statutes of Wisconsin. 

Section 5. The county clerk shall not place the name 
of any person upon the official ballot as a candidate for 
the office of county superintendent of schools unless such 
person shall have filed in the office of the county clerk, 
at least fifteen days before the date on which the elec- 
tion is to be held, proof of having successfully taught 
in the public schools of the state for a period of eight 
months, and a copy of the certificate required by this 
act. 

Section 6. The provisions of law for payment of ex- 
penses and per diem of members of the board of exam- 
iners while conducting examinations for state certifi- 
cates, shall extend to the examinations herein provided 
for, .for the county superintendent's certificate. 

Section 7. The provisions of this act shall not oper- 
ate to disqualify for re-election any person holding the 
office of county superintendent of schools at the time of 
its passage, nor any person who has at any time held 
the office of county superintendent of schools in the 
state of Wisconsin. 

Section 8. A.11 laws or parts of laws inconsistent 
with the provisions of this act are hereby repealed. 

DIPLOMAS. 

Section 1. (Chapter 243.) Teachers' certificates 
granted by other states which are fully and fairly equiv- 
alent to the Wisconsin unlimited certificate, may be 
countersigned by the state superintendent ux)on the 
recommendation of the state board of examiners. The 
holder of such certificate shall furnish to the board of 
examiners such evidence of learning, and good moral 
character, experience and success in teaching as is re- 
quired for the unlimited state certificate. 



Section 2. Any person holding a diploma granted 
upon the completion of a regular collegiate course of the 
state university, or upon the completion of the full 
course of any Wisconsin normal school, may present 
such diploma to the state superintendent to be counter- 
signed. No diploma shall be countersigned except the 
holder thereof shall furnish evidence satisfactory to the' 
state superintendent of good moral character and one- 
year's successful teaching in a public school. The cer- 
tificate granted upon the completion of the elementary 
course of any Wisconsin state normal school may be 
countersigned by the state superintendent. When 
countersigned it shall have the force and effect of a 
limited state certificate in this state; but no such cer- 
tificate shall be countersigned unless satisfactory evi- 
dence be furnished the state superintendent of good 
moral character and successful experience in teaching a 
public school for eight months after the date of its- 
issuance. 

Section 3. The holder of a diploma granted by any 
incorporated college or university, whose regular col- 
legiate courses are fully and fairly equivalent to corre- 
sponding courses in the university of Wisconsin, and 
the holder of a diploma granted by a state normal school 
whose course of study is fully and fairly equivalent tO' 
the courses of study in the Wisconsin normal schools, 
may present such diploma, together with evidence of the 
required standing of the college, university or normal 
school granting the same, to the state board of exami- 
ners. The applicant shall furnish therewith testimonials 
of good moral character and of two years' successful 
teaching in a public school after the date of issue of 
said diploma. The diploma recommended favorably by 
said board shall be countersigned by the state superin- 
tendent. The holder of a diploma which is not counter- 
signed, and which was granted upon the completion of 



8 

a course of study accredited as herein provided, may be 
given a special license by the state superintendent to 
teach for one year in a public school upon the recom- 
mendation of the state board of examiners, made in pur- 
suance of such examination as to learning, moral char- 
acter and ability to teach as said board may require. 

Section 4. All diplomas and life certificates provided 
for in the three preceding sections, when countersigned, 
shall have the force and effect given by law to the un- 
limited state certificate; provided, that any diploma 
described in section 2 shall have like force and effect 
for one year before it is countersigned. 

Section 5. Any state certificate, or its equivalent, 
may be revoked by the state superintendent for incom- 
petency or immoral conduct; but before any such revo- 
cation the holder shall be served with a written state- 
ment of the charges against him, and shall have an op- 
portunity for defense. 

This law makes a radical change in the matter of 
countersigning diplomas and certificates issued in other 
states than Wisconsin, by providing for such counter- 
signature upon recommendation of the state board of ex- 
aminers only. The experience required of those asking 
countersignature of diplomas or certificates issued in 
Wisconsin, will be held as required in this state. As 
to others the state board will make its own rule. 



HIGH SCHOOLS — MANUAL TRAINING. 

Section 1. (Chapter 358.) It shall be lawful for any 
high school board or any board of education in this state 
having charge of a free high school, or of a high school 
having a course of study equivalent to the course or 
courses prescribed by the state superintendent for free 
high schools, to establish and maintain a department of 
manual training in connection with the schools under its 
control and management. 



Section 2. The expense of maintaining such manual 
training depai'tment shall be provided for in the same 
manner as other expenses of maintaining high schools are 
provided for, by taxes assessed upon the taxable prop- 
erty of the territory included in the corporation, dis- 
trict or districts maintaining the high school in con- 
nection with which the manual training department is 
established, and such department shall be under the 
management, direction and control of the board having 
the management and control of the high school. 

Section 3. It shall be the duty of the state superin- 
tendent, as far as the other duties of his office may war- 
rant, to give such information and assistance as may 
seem necessary in organizing and maintaining manual 
training departments and in arranging schemes and 
outlines of work. The state superintendent, with the 
aid of the supervisor of high schools, shall also have 
general super-vision of all manual training departments 
established and maintained under the provisioLi of this 
act, shall from time to time inspect the same, make 
such recommendations relating to the management as he 
may deem necessary, and in his biennial report make 
such report thereon as shall give full information con- 
cerning their number, character and efficiency, and their 
value as an educational factor. 

Section 4. The state superintendent shall establish 
a standard of qualification for all teachers in manual 
training departments and may grant special certificates 
to such applicants as are to his judgment fully quali- 
fied to instruct in special lines of manual work, which 
certificates shall be in such form and for such time as 
he may prescribe, and shall be regarded as certificates 
legally qualifying the holders thereof to teach in any 
manual training department forming a part of the 
public school system of the state. 

Section 5. Any high school whose course of study 



10 



or outline of work in manual training has been approved 
by the state superintendent and whose teacher or teach- 
ers have been duly qualified according to section 4 of 
this act, may upon application be place i upon an ap- 
proved list of schools maintaining manual training de- 
partments. A school once entered upon this approved 
list may remain there and be entitled to the special state 
aid hereinafter provided in this act, so long as the 
scope of v7ork and its character is maintained from 
year to year in such a manner as to meet the approval 
of the state superintendent; provided, that the state 
superintendant shall not under the provision of this act 
place upon the said approved list more than ten schools. 

Section 6. On the first of July each year the clerk 
of each high school board maintaining a school on the 
approved list, or the city superintendent of any city 
vphere such an approved school is maintained, shall make 
a report to the state superintendent, in such form as 
may be required, setting forth the facts relating to the 
cost of maintenance of the manual training department, 
the character of the work done therein, the number and 
name of teachers employed therein, and the length of 
time such department was maintained during the year. 
And upon the receipt of such report, if it shall appear 
that the department has been maintained in a satisfac- 
tory manner for a period of not less than six months 
during the year ending with the date of the report, the 
said superintendent shall make certificate to that effect 
and file the same with the secretary of state. 

Section 7. Upon receiving the certificate of the state 
superintendent provided in section 6, of this act, the 
secretary of state shall immediately draw his warrant 
upon the state treasurer, for the sum of two hundred 
and fifty dollars, payable to the treasurer of the district 
or corporation maintaining a school which is in the list 



11 

of approved schools maintaining manual training depart- 
ments, and reporting as herein provided. 

Section 8. There is hereby annually appropriated 
out of any money in the state treasury not otherwise 
appropriated, a sum sufficient to carry out the provis- 
ions of this act, and all sums so paid for the establish- 
ment and support of manual training departments, shall 
be annually added to the state tax, and levied and col- 
lected as other state taxes are collected ; provided, that 
the total amount expended under the provisions of this 
act shall not exceed the sum of twenty-five hundred dol- 
lars in any one year, and no aid shall be given to any 
school prior to July, 1896. 

COUNTY INSTITUTE FUND. 

Secton 1. (Chapter 331.) Any applicant present- 
ing himself for examination by any county superintend- 
ent of schools for a certificate entitling him to teach in 
the county superintendent's district shall, before such 
examination is entered upon, pay to the said couaty 
superintendent an examination fee of one dollar. 

Section 2. Any person making application to any 
county superintendent for the issuance of a certificate 
based upon papers written in an examination held in 
another superintendent's district, under the provisions 
of section 450 of Sanborn and Berryman's annotated 
statutes, shall, before the issuance of such certificate,, 
pay to the county superintendent to whom the applica- 
tion is made an examination fee of one dollar. 

Section 3. Any graduate of a high school mating 
application to any county superintendent for the coun- 
tersigning of his certificate of graduation or diploma, 
under the provisions of section 452a, chapter 311, laws of 
1885, shall, before such certificate of graduation or 
diploma shall be countersigned and delivered, pay to- 



12 



the county superintendent to whom the application is 
made an examination fee of one dollar. 

Section 4. All moneys paid to the county superin- 
tendent under the provisions of this act shall constitute 
an institute fund, and shall be used under the direction 
of the county superintendent in defraying the necessary 
expenses, in whole or in part, of conducting one or 
more teachers' institutes annually for the instruction of 
the teachers in his district in the theory and art of 
teaching and in the branches taught in the common 
schools; and in compensation for lectures at such insti- 
tutes by others than the conductors and county super- 
intendent. 

Section 5. The county superintendent shall annually 
make and lile with the county clerk of the county within 
which he resides a statement, verified by his affidavit, 
giving the names of all persons examined by him since 
the beginning of the term he is then serving or since 
the date of his last statement, together with the dates 
when such persons were examined. He shall also em- 
body in the same statement the names of all persons to 
whom certificates have been issued upon papers written 
In another superintendent's district and the dates when 
such certificates were issued, and also the names of all 
persons, graduates of high schools, whose diplomas he 
has countersigned, together with the dates of counter- 
signing. At the expiration of his term of office the 
county superintendent shall file with the county clerk a 
sworn statement similar to those hereinbefore provided 
for in this section, covering the time from the close of 
his last regular series of examinations to the close of 
his term, and he shall embody in such statement a sum- 
mary, giving the number of persons in each of the three 
classes herein named, and of all the persons so reported 
by him to the county clerk during his term of office; the 
amount of fees r'^ceived by bim during his term of office. 



13 



the amount paid out by him, and the amount remaining- 
in his hands. And he shall pay over to his successor in 
office all moneys thus remaining in his hands at the ex- 
piration of his term of office. 

Section 6. All moneys collected by the county 'super- 
intendent, under the provisions of this act shall be paid 
out each year for the purposes specified in section 4 of 
this act, and for no other purposes. Each payment shall 
be entered in a book kept by the county superintendent 
for that purpose, which shall be open to public inspec- 
tion, and be by him delivei^ed to his successor in office^ 
and shall be accompanied by a statement of the name of 
the person to whom the payment is. made, and the char- 
acter of the service rendered, or material furnished. No 
money shall be paid for services rendered as an in- 
structor in any institute unless the person rendering 
such service shall hold a certificate signed by the state 
superintendent certifying that the committee on insti- 
tutes of the board of regents of normal schools approver 
of said person as a competent institute instructor. The 
said committee on teachers' institutes is hereby author- 
ized and directed to prepare annually and transmit to 
each county superintendent in the state, a list of per- 
sons approved by the committee for service in the insti- 
tutes herein provided for. 

Section 7. The county board shall require the county 
superintendent to give bonds with good and sufficient 
sureties for the proper performance of the duties pre- 
scribed by this act in an amount which shall not be less 
than twice the amount likely to be collected and dis- 
bursed by him annually, under this act. 

In view of the statement to the county clerk required 
by this law, superintendents should enroll and give 
questions to those only who have paid the fee of one 
dollar. 



14 



INTEREST ON SCHOOL LOANS. 



Section 1. (Chapter 73.) The commissioners of pub- 
lic lands are hereby authorized and directed to credit 
any school district to which a loan has been made from 
the trust funds since the passage of chapter 187, of the 
laws of 1893, any and all amounts of interest paid by 
such school district in excess of four per cent., as re- 
quired by said chapter; said credit to be given upon the 
next payment of interest falling due upon said loan, and 
said commissioners are further authorized and directed 
to reduce the interest hereafter to be paid upon all such 
loans to four per cent, per annum. 

PURCHASES BY SCHOOL BOARDS. 

Section 1. (Chapter 95.) Section 1 of chapter 272, 
of the general laws of 1889, is hereby amended so as to 
I'ead as follows: Section 1. The school board of each 
city and school district in the state is hereby directed 
and required to purchase at the expense of such city or 
school district one or more flags of the United States 
and place and keep one of them in each schoolroom or 
■display from flagstaff on schoolhouse or from flagstaff on 
the school grounds in said city or school district, and 
also in like manner to purchase such necessary apparatus 
or appliances as may be necessary for properly preserv- 
ing such flag or flags. 

state superintendent. 

Whereas, At the biennial session of the legislature of 
this state for the year 1893 an amendment to the con- 
stitution of this state was proposed and agreed to by a 
majority of the members elected to each of the two 
houses, which proposed amendment was in the following 
language: 



If) 

" Resolved by the assembly, the senate concurring, That 

section 1, article 10, of the constitution of the state of 

Wisconsin be amended by striking out this sentence: 

'■ Provided, that his compensation shall not exceed the 

sum of twelve hundred dollars annually. ' " 

The people of the state of Wisconsin, represented in senate 
and assembly, do enact as follows : 

Section 1. The foregoing proposed amendment to 
the coTistitution of the state of Wisconsin shall be sub- 
mitted to a vote of the people of this state in the man- 
ner now provided by law for the submission of proposed 
amendments at the next general election in November, 
1896. 

AN ACT fixing the salary of the state superintendent of 
public instruction. 

The people of the state of Wisconsin, rep>resented in senate 
and assembly, do enact as Jolknos : 

Whereas, The legislature at a session held in the 
year 1893 passed a joint resolution for the amendment 
of section 1, of article X, of the constitution of the 
state of Wisconsin, striking out the following sentence: 
"Provided, that his compensation shall not exceed the 
sum of twelve hundred dollars annually, " and 

Whereas, The legislature of said state for the 
year 1895 has concurred in said joint resolution, and 
passed an act submitting the same to a vote of the 
people at a general election to be held in November, 
1896, now, therefore,. 

Section 1. (Chapter 93.) The annual salary of the state 
superintendent of public instruction from and after the 
first Monday in January, 1897, shall be three thousand 
dollars. 

Section 2. This act shall take effect and be in force 
from and after the first Monday in January, 1897; pro- 
vided, that the people of this state shall approve and 
ratify the amendment to the constitution contained in 
the foregoing resolution. 



16 



NORMAL SCHOOLS. 



Section 1. (Chapter 91.) Ihere is hereby appropri- 
ated to the normal school fund income out of any money 
in the state treasury not otherwise appropriated the fol- 
lowing Slims: (1) For current expenses for the year 
1894-95, six thousand dollars. (2) For libraries, ten 
thousand three hundred dollars. (3) For equipment for 
chemical, physical and biological laboratories, museums 
of natural history, drawing departments and gymnasia, 
fourteen thousand seven hundred dollars. (4) For heat- 
ing apparatus, repairs and furniture, forty-one thousand 
five hundred dollars. 

Section 2. Section 3, chapter 185, laws of 1893, is 
hereby amended so as to read as follows : Section 3. 
For the purpose of conducting and maintaining the state 
normal schools, there shall be levied and collected an- 
nually hereafter as other state taxes are levied and col- 
lected, a state tax of one-fifth of one mill for each dollar 
of the assessed valuation of the taxable property of the 
state; which amount so levied and collected is hereby 
appropriated to the normal school fund income for the 
uses and purposes specified in this section. Provided, 
that until the seventh normal is established and put in 
operation the sum of twenty thousand dollars shall be 
annually returned to the general fund. 

Section 3. For the purpose of carrying out the pro- 
visions of this act, the secretary of state and state 
treasurer, with the consent and approval of the gover- 
nor, are hereby authorized and empowered to transfer 
from the trust funds of the state to the general fund 
the sum of seventv-two thousand five hundred dollars, to 
be recurned to the trust funds from the general fund in- 
come or the fiscal year ending on the 30 th day of Sep- 
tember, 1896. 



17 



Section 1. (Chaptei^ 296.) No claim or account shall 
be hereafter paid by or under the authority of the 
board of regents of normal schools and the board of 
regents of the state university unless the said claim or 
account shall specify the nature and particulars thereof, 
and be verified by the oath, affidavit or affirmation of 
the claimant or his agent, in writing, and shall have 
been certified in writing thereon by the officer or mem- 
ber of said boai'd designated by resolution of said board 
to certify claims and accounts for payment. 

Section 2. It shall be the duty of each of said boards 
within ten days after the expiration of any quarter to 
transmit to the secretaiy of state an itemized statement 
of all payments made by it or under its authority dur- 
ing the preceding quarter, certified by the president 
and secretary of said board, which said statement shall 
be included in the biennial report of the secretary of 
state. 

UNIVERSITY. 

Section 1. (Chapter 241.) There shall be levied and. 
collected annually for two years an additional state tax 
of one-fifth of one mill for each dollar of the assessed 
valuation of the taxable property of the state, which 
amount so levied and collected is hereby appropriated ta 
the university fund income of the University of Wiscon- 
sin, and shall be used by the board of regents of the uni- 
versity for increased administration expenditures and 
expenditures for the department of engineering, advanc- 
ing the work of university extension in the state of 
Wisconsin, in addition to the horticultural building, en- 
largement of ladies' hall with gymnasium apartments, 
changes and repairs in university hall, and the con- 
struction of a farm barn and purchase of a herd of cat- 
tle for the agricultural department; any residue which 
may remain may be applied to such uses as the regertg. 
2 



18 



may deem to be most important to the interests of the 
university; provided, that out of the income derived 
from said tax there shall be set apart for the college of 
agriculture, in addition to its present several incomes, 
twenty thousand dollars for the completion and equip- 
ment of the horticultural building, five thousand dol- 
lars for a dairy barn, two thousand dollars for the pur- 
chase of a herd of dairy cows, and ten thousand dollars 
-annually for current expenses. 

Section 2. The state tax directed to be levied and 
■collected by chapter 29 of the general laws of Wiscon- 
sin of 1891, shall be continued after the lapse of the six 
years therein mentioned, and so continued shall be 
levied and collected annually, and is hereby appropri- 
ated to the university fund income of the University of 
Wisconsin to meet the current or administration ex- 
penditures of said university and may be applied in the 
same manner as other university fund income. 

Section 3. The commissioners of public lands be and 
they are hereby authorized to direct the state treasurer 
from time to time to set apart by way of loan to the 
fund known as the university fund income of the Uni- 
versity of Wisconsin or like university uses, such ex- 
cess of moneys, if any, or part thereof, in the trust 
-fund not otherwise appropriated or required for antici- 
pated ordinary expenditure as in their judgment shall 
be prudent, such loan to be repaid to the trust fund 
from the portions of state tax hereinbefore appropriated 
with interest thereon at the rate then required on de- 
posits in bank made pursuant to chapter 273 of the gen- 
eral laws of Wisconsin of the year 1891, and the acts 
amendatory thereof. 

HOME FOR FEEBLE-MINDED. 

Section 1. (Chapter 138.) There is hereby created 
and established for the care, custody and training of the 



19 



feeble-minded, epileptic and idiotic of this state, an in- 
stitution to be known as " The Wisconsin Hame for 
Feeble-minded. " 

Section 2 The state board of control shall within 
six months from the passage of this act, select a suita- 
ble site for such a home, and shall have power to receive 
proposals for the donation of land to the state for such 
site, and to i-eceive the same by gift, or they may pur- 
chase such site if no proper location shall be given for 
that purpose, and they may receive proposals for dona- 
tions of money or other securities in behalf of this state 
for the benefit of such home, and they may locate the 
same, by and with the consent of the governor of the 
state, at such point as they, together with the governor, 
shall deem for the best interests of this state, and re- 
ceive any donations or bequests which may be made for 
its maintenance and support. Said board shall as soon 
as practicable after the location of said institution, 
cause to be erected on the site so selected, suitable 
buildings, and make thereon the improvements necessary 
to carry into effect the provisions of this act. The site 
selected shall comprise not less than two hundred acres 
of land, possessing good facilities for drainage and sew- 
erage, and an abundant supply of pure water. Munici- 
palities of this state are hereby empowered to make the 
donations herein mentioned for the establishment and 
building of such a home. 

Section 3. The general supervision and government 
of said home shall be vesetd in the state board of con- 
trol of reformatory, charitable and penal institutions^ 
pursuant to the law creating and defining the duties of 
said board, and said board shall establish a system of 
government for the institution, and shall make all nec- 
essary rules and regulations for enforcing discipline, 
imparting instruction, preserving health, and for the 
proper care and training of the persons in said home' 



20 

The said board shall appoint a superintendent, a matron, 
and such other officers, teachers and employes as shall 
be necessary, who shall severally hold their offices or 
places during^ the pleasure of said board, and said board 
shall prescribe their duties and fix their salaries, and 
all provisions of chapter 298, of the laws of Wisconsin 
for the year 1881, and chapter 221, of the laws of Wis- 
consin for the year 1891, and the acts amendatory 
thereof and supplementary thereto, shall, as far as 
practicable, apply to the government and management 
of said home. 

Section 4. All feeble-minded, epileptic and idiotic 
persons, residents of the state, or any such person 
found therein, whose residence cannot be ascertained, 
may be admitted to said home and receive the benefit 
thereof free of charge, subject to such rules and regula- 
tions as may be made by the said board of control, and 
said board shall adopt and publish a schhdule of maxi- 
mum charges and expenses, 'for such feeble-minded, epi- 
leptic and idiotic persons may be placed in the said 
home, but who shall not, for any reason, be entitled to 
be admitted or kept free of charge: provided, that all 
provisions of chapter 32, of the revised statutes of the 
•state of Wisconsin, relating to the support of insane 
persons and the liability of counties therefor, shall also 
•apply, as far as practicable, to persons admitted to said 
liome for the feeble-minded. 

Section 5. All the provisions of chapter 32, of the 
revised statutes of the state of Wisconsin and the acts 
amendatory of and supplementary thereto, in re- 
lation to the admission of patients to the hospi- 
tals or asylums for the insane, of thisstate and 
the proceedings to determine such insanity, and all 
the powers and duties now conferred or devolved by 
law upon the several judges in this state, in re- 
lation to the commitment of persons to some hospital or 



21 



asylum for the insane, shall, as far as practicable, ap- 
ply to the admission of feeble-minded, epileptic and idi- 
otic persons in the home hereby established ; and all ap- 
plications, proceedings, orders and judgments to deter- 
mine the condition of said insane persons, shall, as far 
as practicable. apply to the persons committed to the home 
hereby established; and all the powers and duties con- 
ferred, or devolved by law upon the said judges are 
hereby conferred, devolved and charged upon said 
judges, as to the proceedings and judicial inquiries, or- 
ders, judgments and commitments for the admission of 
persons to the said home hereby created. 

Section 6. Said home for the feeble-minded shall be 
organized into the following departments: 

1. A school department for the educable grades or 
classes. 

2. A custodial department for the helpless and lower 
types. 

3. Such other departments, or colonies, as the needs 
of the institution may require. 

As soon as practicable such trades and manual indus- 
tries as are adapted to these several departments shall 
be introduced and established by the said board of con- 
trol. 

Section 7. All persons now confined in any of the chari- 
table, reformatory or penal institutions within the state, 
who, upon proper examination by the said board of con- 
trol, shall be found to be of the condition and qualifica- 
tiou described by this act, may, by the order of said 
board, by and with tho iilvlce and consent of the gov- 
•ernor, be transferred to the said "Wisconsin Home for 
Feeble-minded, " to be kept and dealt with as prescribed 
by this act and the rules and regulations made pursuant 
thereto; and the said board shall make all rules and 
regulations relating to their temporary or final discharge. 

Section 8. For the purpose of carrying into effect the 



22 



purposes specified in this act, tiiere is hereby appropri- 
ated, out of any money in the state treasury not other- 
wise appropriated, the sum of one hundred thousand 
dollars. Fifty thousand dollars to be paid during the 
year 1895, and fifty thousand dollars to be paid during; 
the year 1896; which sums may be drawn by the said 
board upon their warrants as pi-ovided by law. 



THE ERECTION OF SCHOOL BUILDINGS. 

Section 1. (Chapter 141.) Section 118, of chaptei" 
14, of the general charter law, is hereby amended by 
adding thereto: "In cities of the third and fourth 
classes, where there is no board of public works, the 
power herein conferred shall be exercised by the board 
of education. " 

Section 1. (Chapter 97.) Section 87, of chapter 11^ 
of the general charter law, is hereby amended as fol- 
lows: Before the word "all" in the first line prefix the 
words " in cities of the first and second classes, " after 
the word "works" in the third line insert the words 
"and in cities of the third and fourth classes in the 
charge of the board of education," and insert the words 
"two hundred" instead of the word "fifty" after the word 
"than" in the fifth line, and omit the words "directed 
to be made" in the sixth line and substitute the word 
"approved," so that the section when so amended shall 
read as follows: Section, 87. In cities of the first and 
second classes all repairs and alterations of school build- 
ings and premises shall be under the charge of the board 
of public works, and in cities of the third and fourth 
classes in the charge of the board of education ; but such 
repairs or alterations, except ordinary repairs costing 
not more than two hundred dollars, shall first be ap- 
proved by the common council. 



23 



APPORTIONMENT OP MONEV. 



Section 1. (Chapter 39.) Chapter 287, of the laws 
of 1885, as amended by chapter 389, of the laws of 1891, 
as amended by chapter 229, of the laws of 1893, is 
liereby amended by adding to section one thereof as fol- 
lows: The state superintendent shall apportion the 
school moneys each county will be entitiled to receive 
under the provisions of this act, on or before the first 
day of November of each year, and certify the appor- 
tionment so made to the secretary of state and state 
treasurer, and he shall, at the same time, certify to 
each county clerk and county treasurer, the amount of 
said tax to which each town, city and village in their 
respective counties, is entitled. Upon receiving such ap- 
portionment the secretary of state shall immediately in- 
form the county clerk and the treasurer of each county of 
the amount of state school tax such county will be required 
to levy, and the amount it will be entitled to receive 
in return as its portion of the school fund accruing un 
der the provisions of this act. 

Section 2. At the same time that taxes levied for 
other state purposes are now required to be paid into 
the state treasury, the county treasurer of each county 
shall pay over to the state treasurer the school moneys 
arising under the provisions of this act, in excess of the 
amount such county is entitled to receive in return as 
its portion of the state school tax. But if a larger 
amount should be due any county than such county was 
required to pay, the state treasurer shall pay to the 
treasurer of such county, at the time of the payment of 
the state tax assessed against the county, the amount 
due the county in excess of the state school tax levied 
iipon it. 

Section 3. At the time of making a settlement be- 
tween the state and any county, on account of any state 



24 

school tax levied upon the county, by the treasurers, re- 
ceipts shall be exchanged by such treasurers, showing- 
that the full amount assessed against the county as a 
state school tax has been accounted for to the state, 
and in turn, that the amount due the county on account 
of a state school tax, has been accounted for to the 
county by the state treasurer; and within ten days from 
the settlement herein specified, the several county treas- 
urers shall pay over to the several town, city and vil- 
lage treasurers, the amount to which they are respect- 
ively entitled by the apportionment made by the state 
superintendent. 

Section 4, It is hereby declared to be the true in- 
tent and meaning of this act, to provide for an earlier 
distribution to the counties of the moneys collected as a 
state school tax, and that only the balances that may be 
due' any county, or the state, as the case may be, shall 
be paid in money at the time of settling accounts be- 
tween the county and the state, in so^ far as they relate 
to the state school tax. 



25 

TOWNSHIP SYSTEM. 

Section 1. (Chapter 276.) Section 517, chapter 27, of 
Sanborn & Berryman's annotated statutes of Wisconsin, 
is hereby amended by adding at the end of said section the 
following: "Provided, that no sub-district shall be main- 
tained or hereafter formed which has residing within its 
limits less than fifteen children of school age. Pro- 
vided further, that any sub-district may maintain so 
many branch schools as the convenience of the school 
population may require," so that said section when 
anended shall read as follows : Section 517. New sub- 
districts may be formed, and the boundaries of any sub- 
district may be altered by the town board of directors 
at any regular meeting of said board; but the forma- 
tion and alteration of any joint sub-district shall be by 
concurrent action of the boards of directors of all the 
towns embraced in part in such sub-districts. Pro- 
vided, that 00 sub-district shall be maintained or here- 
after formed which has residing within its limits less 
than fifteen children of school age. Provided further, 
that any sub-district may maintain so many branch 
schools as the convenience of the school population may 
require. 



^^ 



LAWS OK 1899 



RELATING TO THE 



Public Schools of Wisconsin 



^W This pamphlet is folded and trimmed so that it may be inserted 
in any copy of the school code. If fastened there with mucilage or 
paste of any kind it will not be lost or mislaid. 



UBRARY OF CONGRESS. 

:;rcEivED 

,. AUG 91901 

DIVISION or DOCUMENTS. 



LAWS RELATING TO PUBLIC SCHOOLS 

Passed by the Legislature of 1899. 



Office of State Superintendent, 

Madison, Wis., May 9, 1899. 

The attention of all interested in or in any way officially con- 
nected witli the public schools of Wisconsin is hereby called to 
important changes in and additions to the school laws by the 
General Laws enacted by the legislature of 1899. 

Comment has been made upon such sections as seem to de- 
mand it and in cases where it is desired to call special attention 
to certain points. 

The following headings may be of service in directing atten- 
tion to the different laws. 

I. The qualifications of teachers in certain cases. 

II. The issuance of certificates by city superintendents to 
teachers in special branches. 

III. The acceptance of standings obtained by the completion 
of studies in the state normal schools in lieu of an examination 
by county and city superintendents. 

TV. The granting of unlimited certificates to persons hold- 
ing diplomas from colleges, universities, and normal schools in 
certain cases. 

V. The increase of the number of months school shall be 
maintained in each district in the state, — seven months being re- 
quired hereafter instead of six as heretofore. 



SCHOOL LAWS OF WISCONSIN, 1899. 3 

VI. Kindergartens may be established in certain cases. 

VII. An increase of the appropriation for free bigli schools 
from fifty thousand to one hundred thousand dollars. 

VIII. An increase in the number of manual training depart- 
ments that may be established in connection with free high 
schools. 

IX. Two or more school districts may unite for the purpose 
of maintaining a free high school. 

X. County training schools for teachers in the common 
schools may be established. 

XI. A special tax may be levied in cities of the third and 
fourth class for school purposes. 

XII. Change in the time of levying the school tax in cities. 

XIII. The organization of school boards in cities or villages 
which shall adopt a general charter. 

XIV. An additional sum to be expended in conducting 
teachers' institutes. 

XV. Cities of the fourth class (cities having a population of 
ten thousand or less) and incorporated villages included with 
towns in the operation of the township library law. 

XVI. Voters required to reside in the district at least thirty 
days before being qualified to vote in any school district meeting. 

XVII. An examination of the accounts of school boards to 
be made by a committee between the first and fifth days of July^ 
in each year, and a report to be made in writing at the next reg- 
ular annual meeting. 

XVIII. Two county superintendents' conventions to be 
hereafter held by the state superintendent. 

XIX. The purposes for which money may be borrowed by 
school districts from the trust funds of the state extended, and 
the rate of interest reduced from four to three and a half per 
cent. 

XX. The increase in the number of members of school board 
in cities in certain cases. 

XXL Obscene books, Kterature, papers and pictures. 



4 SCHOOL LAWS OF WISCONSIN, 1899. 

XXII. A joint resolution providing for the amendment of 
section 1, article 10, of tlie state constitution relating to educa- 
tion. 

Qualifications of teachers. 

Section 1. (Chapter 120.) After the first day of July, 1900, 
graduates of colleges and universities, in order that their diplo- 
mas may become an authorization to teach in the public schools 
of this state, as now provided by law, must present with them 
to the state superintendent of public instruction satisfactory evi- 
dence of having given to psychology and pedagogy at least as 
much study as is required, in this state, of candidates for a life 
certificate. 

This is a new law restricted to graduates of colleges and universities 
in its application. 

Certificates for teachers of special branches in cities. 

Section 1. (Chapter 148.) Any city superintendent of 
schools may issue certificates to teachers of special branches, 
qualifying them to teach such branches in the schools under his 
supervision, after such examination as to their fitness to teach 
such branches as may be provided by the school board and ap- 
proved by the state superintendent. 

By this new law, the powers of city superintendents of schools are 
somewhat enlarged. 

Final normal school standings may be accepted by 
county superintendents. 

Section 1. (Chapter 104.) Any school superintendent or of- 
ficer authorized to grant certificates to teachers in the common 
schools, is hereby authorized, in his discretion, to accept stand- 
ings obtained by the completion of studies in any normal school 
of the state, when duly certified by the president of said normal 
school, in lieu of actual examination by said superintendent or 
examiner, at any time within three years after such standings 
were first obtained and recorded in said normal school. The 



SCHOOL LAWS OF WISCONSIN, 1899. 5 

pro^dsions of tliis section shall apply to certificates of tlie first, 
second or third grades. 

This is ameaidatory to chapter 27, of the Wisconsin statutes of 1898. 
By this act additional discretionary powers are given to county super- 
intendents in certain cases. 

Diplomas and state certificates. 

Section 1. (Chapter 237.) The holder of a diploma granted 
by any incorporated college or university whose regular colle- 
giate courses are fully and fairly equivalent to corresponding 
courses of the University of Wisconsin, or the holder of a di- 
ploma granted by a state normal school whose courses of study 
are fully and fairly equivalent to the courses of study in the Wis- 
consin normal, schools, may present such diploma, together with 
evidence of the required standing of the college, university or 
normal school granting the same, to the board of examiners. 
The applicant shall furnish therewith testimonials of good 
moral character and, if a holder of a diploma granted by any such 
college or university located within this state, of one year's suc- 
cessful teaching in a public school after the date of said diploma ; 
if a holder of a diploma granted by any such college, university 
or normal school not located within the state, the applicant shall 
furnish therewith like testimonials of good moral character, and 
of two years' successful teaching in a public school after the 
date of said dipoma. The holder of any such diploma recom- 
mended favorably by the board shall be entitled to receive an 
unlimited state certificate. The holder of a diploma granted 
upon the completion of a course of study accredited as herein 
provided, upon which a state certificate has not been issued, upon 
the recommendation of the board of examiners made in pursu- 
ance of such examination as to learning, moral character and 
ability to teach as said board may require, may be given a special 
license by the state superintendent to teach for two years in a 
public school. 

The above is amendatory to section 458c, of the Wisconsin statutes 
of 1898, 



Q SCHOOL LAWS OF WISCONSIN, 1899. 

Seven months of school to be maintained in each 
school district in the state. 

Section 1. (Cliapter 115.) The school fund income whicli 
shall have been received up to and including the first day of De- 
cember, including the amount to accrue from the one-mill state 
tax provided for by section 1072a, to be collected by the several 
counties of the state before the first Monday in February next 
succeeding the date of such apportionment, shall be apportioned 
by the state superintendent between the tenth and fifteenth days 
of December in each year. Such apportionment shall be made 
among the several counties, towns, villages and cities according to 
the number of children in each, over the age of four and under 
the age of twenty years, as shown by the reports made to the state 
superintendent for the year preceding, ending June 30. When- 
ever any town, village or city shall fail in any year to raise by 
tax, for the support of common schools therein, a sum equal to 
the amount of its share of such school fund and other income as 
determined by the county board, in pursuance of section 1074, 
the amount of the apportionment to such town, village or city 
for that year shall be withheld from the next succeeding appor- 
tionment, unless the town or village board or common council 
shall have transferred, as they are hereby authorized to do, fro^n 
the general fund to the school fund of the town or village, or to 
the board of education of the city for such purpose, the amount 
of deficit in such school tax, and the town, village or city clerk 
shall have filed with the state superintendnet his certificate show- 
ing such transfer, and in the case of the town clerk, his appor- 
tionment thereof to the proper school districts, before the tenth 
day of December. 'No apportionment shall be made to any city, 
village or town for any school district therein for any year dur- 
ing which such" district shall not have maintained a common 
school, taught by a qualified teacher, for seven months, unless 
the state superintendent shall be satisfied that suck school was so 
taught for three months, and the failure to maintain it for the 
full seven months was occasioned by some extraordinary cause 



SCHOOL LAWS OF WISCONSIN, 1899. * ^ 

and not arising from neglect or intent, nor to any town, village 
or city, nor for any school district, reports of sucli, as required 
by law, shall not have been made and transmitted during the pre- 
ceding year to the state superintendent; nor to any city for any 
jear the report for which shall not show that the number of chil- 
dren between the ages aforesaid, residing therein, has been as- 
certained by an actual census taken under the direction of the 
board of education or other body having the government of com- 
mon schools therein, by their clerks or persons of their appoint- 
ment for that purpose; provided that provision by a school dis- 
trict for the instruction and transportation of its pupils, in ac- 
cordance with subdivision 15, of section 430, shall entitle the dis- 
trict to share in the apportionment as though such district had 
maintained a school. 

This is an amendment to section 554, chapter 28, of the Wiscooisin 
statutes for 1898, and requires that school shall hereafter be main- 
tained in each school district in Wisconsin for at least seven months 
in each year instead of six months, which has heretofore been the 
law. Any district failing to comply with this law will, except in cer- 
tain extraordinary cases, forfeit the right to share in the apportion- 
ment of the school fund income, including the amount accrui-ng from 
the one mill state tax. Especial attention must be given to this mat- 
ter at the annual school meeting and it will be necessary for the elec- 
tors of each district to make provision for the additional mionth of 
school. 

Kindergartens . 

In any school district under the supervision of the county su- 
perintendent in which a high school or a graded school having 
more than two departments is maintained, the question of estab- 
lishing and maintaining by the levy of a tax therefor as many 
kindergartens as will be required to accommodate the children 
of such district between the ages of four and six years, allowing 
forty pupils to each kindergarten, may be submitted at the an- 
nual meeting to the legal voters present and a vote taken thereon 
as in the case of a vote on free text books. 



3 • SCHOOL LAWS OF WISCONSIN, 1899. 

Section 2. A new section is added hereby to tlie statutes of 
1898 to be numbered and to read as follows: 430(d). Tbe 
board of education in any city of the third or fourth class 
whether organized under the general law or special charter, at 
the time of certifying to the city clerk its yearly estimate of the 
expenses of the public schools under its charge, shall certify alsa 
separately an estimate of the cost for the school year of as many 
kindergartens as will in their judgment be required for the ac- 
commodation of the children of said city between the ages of 
four and six years. The council shall take action thereon. If 
the whole or a part of the estimate be approved, the council shall 
make an appropriation of the amount approved by them for that 
purpose, Avhich shall be in addition to the other funds appropri- 
ated for school purposes and shall be used only for the support of 
such kindergartens. 

This section is new and commends itself to those who are in favor 
of the establishment of kindergarten departments, either in the coun- 
try or in cities of the third and fourth classes. 

Additional appropriation for free high schools. 

Section 1. (Chapter 214.) Any high school district which 
shall have established a free high school according to the provi- 
sions of these statutes, and shall have maintained the same for 
not less than three months in any school year, shall be entitled 
to receive from the general fund of the state annually one-half 
the amount actually expended for instruction in its high school 
during such year over and above the amount required by law ta 
be expended for common school purposes, but not to exceed in 
one year five hundred dollars to one district; provided, this limi- 
tation shall not apply to the class of high schools designated in 
section 491a. To obtain such aid the high school board, or in 
cities not under a county superintendent, the president and sec- 
retary of the board of education and the treasurer, shall, on or 
before the first day of IToyember, report in duplicate to the state 
superintendent, under their oaths, the amount actually expended 



SCHOOL LAWS OF WISCONSIN, 1899. 9 

for instruction during the previous scliool year, specifying the 
several items thereof, with the date and the object of each fully. 
Thereupon said superintendent shall fix the amount to be paid 
such district and certify the same to the secretary of state, with 
one of such reports annexed; provided, the state superintendent 
may withhold such certificate from any district for reasons based; 
upon failure to comply with the law relating to free high schools,, 
which reasons he shall transmit to the school board thereof on, 
or before the thirtieth day of the next succeeding June. On 
such certificate, at any time after the first day of December, the 
certified amount shall be paid to the district treasurer out of the 
state treasury. The secretary of state shall annually include 
and apportion in the state tax all such sums as shall have been 
so paid. Whenever, by any neglect or omission, any free high, 
school shall fail to have apportioned to it its share of state aid,.. 
the state superintendent may, after the time hereinbefore fixed 
for such apportionment by him, fix an amount ten per centum 
less than the amount which such school would have been entitled, 
to had it complied with the provisions of this section, and cer- 
tify the same to the secretary of state with the report of such dis- 
trict annexed thereto, and the secretary of state shall thereupon 
draw his warrant for such amount or amounts in favor of such 
district. The whole amount annually paid under the pro^dsions. 
of this section shall not exceed seventy-five thousand dollars, and 
if more be demanded by such districts they shall be paid propor- 
tionally; provided, that if the whole amount authorized to be 
paid annually in aid of free high schools in towns having no 
graded schools by section 491b is not demanded or expended un- 
der the provisions of that section, then the unexpended balance 
of the amount therein annually authorized to be paid in aid of 
such schools may be added to and apportioned among the free 
high schools provided for in section 490 and 491; but no more 
than one hundred thousand dollars shall be apportioned to both 
classes of schools in any one year. 

The above is amendatory to section 496, chapter 27, of the Wisconsin 
statutes for 1898, relating' to free high schools. By this amendment^ 



29 SCHOOL LAWS OF WISCONSIN, 1899. 

the appropriation heretofore allotted to the free high schools of Wis- 
consin is doubled and one hundred thousand dollars instead of fifty 
thousand dollars, as heretofore, is, by this act, to be hereafter appor- 
tioned to the high schools. 



Manual training schools. 

Section 1. (Cliapter 273.) Any high school whose course of 
study or outline of work in manual training has been approved 
by the state superintendent, and whose teacher has been qualified 
may, upon application, be placed upon an approved list of 
schools maintaining manual training departments. A school 
once entered upon such list may remain there and be entitled 
to state aid so long as the scope and character of its work are 
maintained in such manner as to meet the approval of such su- 
perintendent. On the first day of July in each year the clerk 
■of each school board maintaining a school on the approved list or 
the city superintendent of any city where such an approved 
school is maintained, shall report to the state superintendent in 
such form as may be required, setting forth the facts relating to 
the cost of maintaining the manual training department thereof, 
the character of the work done, the number and names of 
teachers employed, and the length of time such department was 
maintained during the preceding year. And upon the receipt 
•of such report, if it shall appear that the department has been 
maintained in a satisfactory manner for a period of not less than 
six months during the year, the said superintendent shall make 
a certificate to that effect and file it with the secretary of state. 
Upon receiving such certificate the secretary of state shall draw 
his warrant for two hundred and fifty dollars payable to the treas- 
urer of the district or corporation maintaining the school, pro- 
vided, that the total amount expended for such purpose shall not 
■exceed five thousand dollars in any year. 

This is an amendment to section 496c, of the Wisconsin statutes, 
and provides that twenty manual training- departments in connection 
M^ith high schools may be established and maintained subject to the 



SCHOOL LAWS OF WISCONSIN, 1899. H 

approval of the state superintendent. The law formerly provided for 
but ten such schools. The appropriaticn remains the same, two hun- 
dred and fifty dollars to each manual training- school lawfully estab- 
lished and maintained. 

Joint high school districts. 

Section 1. (Chapter 57.) Two or more adjoining towns or 
scliool districts, or one or more towns or school districts and an 
incorporated village or city; when the same together will make 
a district of contiguous territory; may unite in establishing and 
'maintaining any such high school. The resolution proposing the 
same shall be approved and submitted and the notice of election 
signed by at least a majority of the supervisors of each town, the 
directors of each school district, the common council of such city 
and trustees of such village, if any, and the election shall be noti- 
fied and conducted in each town, school district, city or village 
as provided in the preceding section. Such resolution shall not 
be adopted unless a majority of the votes cast in each such town, 
school district, city or village be in favor thereof. The votes 
shall be canvassed at the first election, and all subsequent elec- 
tions in the several towns as at town meetings, in the several 
school districts as at annual school district meetings, in the city, 
if any, as at a charter election, and in the village, if any, as at 
village elections; and the supervisors of the several towns, direc- 
tors of said school districts, common council of such city and 
trustees of such village shall, within one week after such election, 
meet and canvass the votes and certify the result to the town 
<3lerk of each town, the clerk of each school district, the clerk of 
such city and to the village clerk of such village. If such reso- 
lution be adopted, the town, or towns, school district or school 
districts and city and village, so voting, shall constitute a joint 
high school district. 

This is an amendment to section 491, of the Wisconsin statutes for 
1898, relating to high schools. Heretofore there has been no provision 
by which two or ntiore school districts could lawfully unite for the 
purpose of maintaining a free high school. This limitation is re- 



12 SCHOOL LAWS OF WISCONSIN, 1899. 

County training: schools. 

Section 1. (Cliapter 268.) The county board of any counter 
within which a state normal school is not located, is hereby au- 
thorized to appropriate money for the organization, equipment 
and maintenance of a county training school for teachers of the 
common schools. 

Section 2. A board to be known as the county training school 
board, is hereby created, who shall have charge and control of all. 
matters pertaining to the organization, equipment and mainten- 
ance of such school, except as otherwise provided by law. Said 
board shall consist of three members, one of whom shall be the 
county superintendent of schools of the county or district, in; 
which the school is located. The other members of the board 
shall be elected by the county board, for the term of three yearS' 
from the date of their election. Vacancies existing in the board 
from whatever cause, except in the case of the county superin- 
tendent, shall be filled by appointment made by the chairman 
of the county board, if the county board is not in session when 
such vacancy occurs. If the county board is in session, vacancies- 
shall be filled by election by said board for the unexpired term. 
Appointments made by the chairman of the county board, as- 
hereinbefore specified, shall be for the time to elapse until the 
next regular meeting of the county board. Each person ap- 
pointed or created a member of the county training school board 
shall within ten days after the notice of such appointment, take 
and subscribe an oath, to support the constitution of the United 
States and the constitution of Wisconsin, and honestly, faithfully 
and impartially to discharge his duties as a member of said board,, 
to the best of his ability, which oath shall be filed in the ofiice 
of the county clerk. He shall also, within the same time, file a 
bond in such sum as may be fixed by the county board, which 
bond shall be filed in the office of the county clerk. Within fif- 
teen days after the appointment of said board, the members 
thereof shall meet and organize by electing one of their number 
as president and one as treasurer; the county superintendent of 



SCHOOL LAWS OF WISCONSIN, 1899. 13 

scliools sliall be ex-officio secretary of tlie said board. Tbe said 
.board shall prescribe the duties of the several officers, except as 
fixed by law. 

Section 3. All moneys appropriated and expended under the 
3)rovisions of this act, shall be expended by the county training 
school board, and shall be paid by the county treasurer on orders 
issued by said board. 

Section 4. The state superintendent shall give such informa- 
tion and assistance as may seem necessary in organizing and 
maintaining such training schools. He shall prescribe the 
courses of study to be pursued, and shall determine the qualifica- 
tions of all teachers employed in such schools. He shall have 
Tthe general supervision of all schools established under this act; 
ishall from time to time inspect the same, make such recommen- 
'dations relating to their management as he may deem necessary, 
.and make such report thereon as shall give full information con- 
•cerning theii* number, character and efficiency. 

Section 5. Any school established under the provisions of 
this act, whose courses of study and the qualifications of whose 
teachers have been approved by the state superintendent, may 
upon application, be placed upon an approved list of county 
training schools for teachers. A school once entered upon such 
list may remain listed and be entitled to state aid so long as the 
scope and character of its work are maintained in such manner 
as to meet the approval of the state superintendent ; provided 
that he shall not place upon said list more than two schools. On 
the first day of July in each year the secretary of each county 
training school board maintaining a school on the approved list, 
:shall repoTt to the state superintendent, setting forth the facts 
relating to the cost of maintaining the school, the character of 
the work done, the number and names of teachers employed and 
such other matters as may be required. Upon the receipt of 
such report, if it shall appear that the school has been maintained 
in a satisfactory manner for a period of not less than ten months 
during; the year closing on the thirtieth day of the preceding 



24 SCHOOL LAWS OF WISCONSIN, 1899. 

June, tlie said superintendent shall make a certificate to that ef- 
fect and file it with the secretary of state. Upon receiving such 
certificate, the secretary of state shall draw his warrant, payable 
to the treasurer of the county maintaining such school^ for a sum 
equal to one-half the aniount actually expended for instruction 
in such school during the year; provided, that the total amount 
so apportioned shall not exceed twenty-five hundred dollars in 
any year and if more be demanded by such schools, they shall be 
paid proportionally. The secretary of state shall annually in^ 
elude and apportion in the state tax such sum as shall have been 
so paid. 

This is a new^ law the operation of which is restricted in as much 
as but two counties may, under its provisions, establish training 
schools for teachers and receive state aid. 

Special school tax in cities of the third and fourth 
classes. 

Section 1. (Chapter 81.) All cities of the third and fourth 
class operating under a special or general charter are hereby au- 
thorized to levy annually a special tax for school purposes not ex- 
ceeding one mill on the dollar of the assessed valuation! of all th^. 
real and personal property in said city for that year in addition 
to the total tax now authorized to be levied by such cities. 

This is a nev^^ law. Cities of the third class contain a populatio^i of 
ten thousand or over and less than forty thousand. Cities of the 
fourth class contain a population of ten thousand or less. This popu'- 
lation shall be determined by the last national or state censua. 

School taxes in cities. 

Section 1. (Chapter 186.) The board of education shall 
prior to the first day of March each year make an estimate of the 
expenses of the public schools for the ensuing year, including all 
necessary incidental expenses and the amount thereof which it 
will be necessary to raise by city taxation and certify the same to 
the city clerk who shall lay the same before the common council 



SCHOOL LAWS OF WISCONSIN, 1899. 15 

at the first regular meeting thereof in March. It shall be the 
duty of the common council to consider such estimate and by 
resolution duly adopted prior to the first day of April, determine 
the amount to be raised by city taxation for school purposes f or^ 
the ensuing year, which amount so fiLxed shall be included in the 
annual budget to be raised by a tax called the city school tax, 
which shall be collected the same as other taxes. It shall be the 
duty of the city treasurer to set aside and keep all moneys raised 
in any way for school purposes, whether by the state, the county 
or the city, coming into his hands in a separate fund to be called 
the school fund, and to pay out the same upon the orders of the 
board of education, signed by its president and certified by its 
secretary; provided that teachers' and janitors' salaries may be 
included in a single order each month in the form of a pay roU to 
be signed and certified as aforesaid ; provided further, that in any 
city adopting this chapter, if at the time of such adoption the 
board of education or school board shall have power to levy the 
city school tax or the district school taxes, such power shall con- 
tinue unaffected by this chapter, and this section shall not apply 
to such city nor be in force therein until specially adopted by a 
vote of three-fourths of the members ©f the council. 

Section 2. On or before the first day of October in each year 
the board of public works, if there be one, shall file with the city 
clerk a detailed statement of the amount of money that will be 
required for the ensuing fiscal year in such department, and the 
city comptroller or the ofiicer performing his duties shall like- 
wise file a statement of the amount required by the police and 
fire departments, the general and library fund, and for the pur- 
pose of paying interest for the ensuing year on the public debt 
and five per cent, of the principal thereof. The city clerk shall 
place such estimates before the council at its next regular meet- 
ing, and the council shall thereupon by resolution, levy such sums 
of money as may be sufiScient for the several purposes for which 
taxes are authorized not exceeding the amount provided by sec- 
tion 925-142a. And in making such levy they shall take into 



1(3 SCHOOL LAWS OF WISCONSIN, 1899. 

consideration the estimated amount that will be received by the 
•city during the fiscal year from licenses or from any other source. 

This is an amendment of section 925, paragraph 119, and 925, para- 
graph 142, of the Wisconsin statutes for 1898, requiring the board of 
education to make an estimate of the expenses for the public schools 
in cities for the ensuing year and to certify the amount which it will 
be necessary to raise by city taxation to the city clerk before the first 
•day of March instead of October. 

School boards in cities. 

Section 1. (Chapter 287.) In every city or village which 
shall adopt this chapter for its government, or shall have become 
newly organized under it by reason of the provisions of section 
92 5g, Wisconsin statutes of 1898, if there shall be or shall have 
been at the time of such adoption, a board of education or school 
board elected by the people under the provisions of its charter, 
or the school district system is in force, and in all cases of such- 
cities or villages which have heretofore adopted the provisions of 
this act, or become newly organized as aforesaid, and which shall 
have continued to act under the old school district or school board 
system, the election and organization, powers and duties of such 
board shall not be affected by this chapter; and such system shall 
continue until changed by a vote of the electors of such school 
district, provided that whenever such school district shall em- 
brace within its limits a portion of the township outside of the 
limits of such city or village, the said school district shall there- 
after constitute a joint school district of such city and township 
until changed by a vote of the electors of such joint school dis- 
trict. In all other cities governed by this chapter, the board of 
education shall consist of one commissioner from each ward and 
three from the city at large, to be appointed by the mayor and 
confirmed by the common council, or elected by the council if 
determined by ordinance. The mayor, in appointing, or coun- 
cil in electing the first board, shall divide the members into three 
classes, as nearly equal as may be, one of the commissioners at 
large being in each class, and shall appoint those of one class for 



SCHOOL LAWS OF WISCONSIN, 1899. ^^ 

one year, those of another class for two years, and those of the re- 
maining class for three years. Each commissioner shall hold his 
office for the term designated in such classification, and until his 
successor shall have qualified. Thereafter, all commissioners 
shall be appointed or elected, and hold their offices for three 
years, and until their successors shall have qualified. 

This is an amendment to subdivision 113, of section 925, of the Wis- 
consin statutes of 1898 relating to cities. 

Teachers' institutes. 

Section 1. (Chapter 179.) For the purpose mentioned in 
the preceding section the said board may use such sum, not ex- 
ceeding twelve thousand dollars in any year, as it may deem nec- 
•essary, of which not exceeding six thousand dollars shall be paid 
from the normal school fund income and not exceeding six thou- 
sand dollars from the general fund, and the state superintendent 
may use such additional sum, not exceeding one thousand dollars, 
to be also paid from the general fund, as he shall deem proper for 
the purpose of j)roviding public lectures in connection with such 
institutes by the professor of the theory and art of teaching of the 
imiversity, or such other competent persons as the state superin- 
tendent may designate, and such amounts as shall be so expended 
are hereby annually appropriated from the said funds respec- 
tively. The secretary of state shall, annually, upon presentation 
to him of the certificate of the president and secretary of the 
board of regents of the amount expended for the purpose men- 
tioned in this section, drav^ his warrant in favor of the treasurer 
of said board for one-half of the amount so certified to as actually 
•expended. 

This is an amendment to section 408, of the Wisconsin statutes of 
1898, and increases the appropriation for teachers' institutes. 

Township libraries. 

Section 1. (Chapter 276.) The treasurer of every town, in- 
corporated village, or city of the fourth class in this state, shall 
withhold annually from the apportionment received from the 



18 SCHOOL LAWS OF WISCONSIN, 1899. 

school fund or other income for the school district or districts, 
the schoolhouse or schoolhouses of which are located in his town, 
village or city, an amount equal to ten cents per capita for each 
person of school age residing therein, for the purchase of library 
books as hereinafter provided. Between the first days of May 
and September of each year, the town, village, or city clerk ex- 
cept that in cities having a board of education such board of edu- 
cation, or a majority thereof, shall act in place of the city clerk, 
shall, with the assistance and advice of the county or city super- 
intendent of schools, as the case may be, expend all such money 
in the purchase of books selected from the list prepared by tha 
state superintendent, for the use of the several schools districts. 
from which money has been so withheld, said books to be distrib- 
uted among said districts, in proportion to the amount of money 
withheld from each. In the case of joint districts between one 
or more towns, a town or towns and an incorporated village or 
city, the treasurer or treasurers of the town or towns, shall trans- 
mit to the treasurer of the town, village or city in which the 
schoolhouse or houses may be located, on or before the first day 
of June of each year, an amount equal to ten cents per capita 
for each person of school age residing in that part of the joint 
district in his town at the time of the last annual school census. 
The state superintendent shall prepare, as often as he shall deem 
necessary, lists of books suitable for school district libraries, and 
furnish copies of such list to each town, village or city clerk, or 
secretary of the board of education, and to each county or city 
superintendent, from which lists the above designated officers 
shall select and purchase books for use in such school libraries. 
Each town, village or city clerk, or secretary of the board of edu- 
cation, shall keep a record of the books so purchased and distrib- 
uted in a book provided for that purpose. Tor such services 
properly performed, each clerk or secretary shall be allowed two 
dollars per day for each day actually and necessarily devoted 
thereto, such sum to be paid out of the town, village or city treas- 
ure. 



SCHOOL LAWS OF WISCONSIN, 1899. . ^9 

Section 2. The state superintendent shall liave authority to 
suspend the operation of this act in any school district, town, vil- 
lage or city which shall maintain a free public library by giving 
due notice of such suspension to the clerk of such school district, 
toAvn, callage or city. 

This amendment to section 486a, chapter 27, extends the opera- 
tion of the township library law. Hereafter, cities of the fourth class 
(cities having" a population of ten thousand or less) and incorporated 
villages are brought wdthin the provisions of the law. 

Voters at district school meetings. 

Section 1. (Chapter 233.) Every resident elector of the dis- 
trict shall be entitled to vote in any meeting, provided such elec- 
tor has resided therein for at least thirty days next preceding any 
meeting. 

Section 2. Every woman who is a citizen of this state, of the 
age of twenty-one years or upwards, except paupers, persons under 
guardianship and persons otherwise excluded by section 2 of ar- 
ticle 3 of the constitution of Wisconsin, who has resided in the 
state one year, and in the election district where she offers to 
vote, thirty days next preceding any election pertaining to any 
school matters, shall have a right to vote at such election. 

This is an amendment to sections 428 and 428a of the Wisconsin stat- 
utes of 1898. By this law all voters at school district meetings, either 
annual or special, are required to reside at least thirty days in tho 
district previous to the date of the school meeting. This is a radical 
change in the election law and should receive especial attention in or- 
der that difficult and annoying questions may not arise in the man- 
agement of school district matters. 

Accounts of school boards to be examined. 

Section 1. (Chapter 162.) It shall be the duty of every 
school district in the state of Wisconsin at its annual meeting 
to appoint three competent men, who shall be tax payers in the 
district, to examine all accounts, books, vouchers, moneys and 
property of whatever kind belonging to said district, between the 



20 SCHOOL LAWS OF WISCONSIN, 1899. 

first and fifth, days of July of eacli year and report tlie finding, in 
writing, at the next regular annual meeting. 

Section 2. Said report shall be recorded in the school rec- 
ords, properly signed by the committee. 

TMs is a new law. Its provisions are plain. This law does not in- 
terfere with that part of secticn 425, W. S., which makes it the duty 
of the district board to meet on the Saturday immediately preceding 
the annual meeting for the purpose of making a careful examination 
of the accounts of the treasurer and compiling a full and itemized 
report of all receipts and expe-mditures since the last annual meeting, 
of the amount in the hands of the treasurer, or the amount of the 
deficit, if any, for which the district is liable, of the amount necessary 
to be raised by taxes for the support of the school for the coming year 
and of the amount required to pay the interest or principal of any 
debt due or to become due during the year. These reports are to be 
submitted in writing at the annual meeting. Town clerks and county 
superintendents have heretofore found difficulty in compiling correct 
financial reports for the schools under their respective jurisdictions. 
It. is hoped that by the operation of the law printed above correct re- 
ports may be obtained from each school district in the state. Over 
five million three htindred thousand dollars are annually expended in 
the management of the public schools and it is not unreasonable to 
require a strict accounting from each district for the sums annually 
received and expended in the management of its school affairs. 

County superintendents' conventions. 

Section 1. (Chapter 59.) It shall be the duty of the state su- 
perintendent to hold at least two conventions annually in as 
many different and most convenient and accessible points in the 
state for the purpose of consultation, advice and instruction with 
county superintendents in regard to the supervision and manage- 
ment of the public schools. 

This is an amendment of subdivision 9, of section 166, of the Wis- 
consin statutes of 1898. While the number of conventions annually 
held by the state superintendent for the purpose of consulting with 
the county superintendents is by this act reduced from four to two 
each convention under this act w^ill remain in session an increased 
number of days. 



SCHOOL LAWS OF WISCONSIN, 1899. 21 

Xoaus to school districts. 

Section 1. (Chapter 129.) In loans to school districts in the 
-state, or to the school directors of any town therein in which the 
township system of schools exists, as hereinafter provided, for 
the purpose of erecting school buildings or refunding their in- 
debtedness, but for no other purpose. 

Section 2. Eyery loan to a school district may be made for 
:such time, not exceeding fifteen years, and of such amount 
which, together with all other indebtedness of such district, shall 
not exceed five per centum of the last preceding assesseid valua- 
"tion of the real property in such district and not exceeding in any 
•case ten thousand dollars, as may be agreed upon; the principal 
:shall be payable in equal annual installments from a time fixed 
by said commissioners with interest at a uniform rate of three 
■and one half per centum annually. 'No such loan shall be made 
until proof be filed in the ofiice of said commissioners of the com- 
plete performance on the part of such district of each and every 
;act hereinafter required to precede the same. 

This is an amendinent to subdivision 2, of section 258, and of section 
'261, of chapter 17, of the Wisconsin statutes. By this act the pur- 
poses for which money may be borrowed from the trust funds of the 
state hy school districts are extended, and the rate of interest reduced 
from four per cent, to three and one-half per cent, per annum. 

Jilembers of school boards. 

Section 1. (Chapter 317.) Any school district containing 
within its boundaries a city with a population according to the 
state census of 1895 exceeding fifteen hundred, in which a high 
school is maintained, and which expended in the year ending- 
July 1st, 1898, in the maintenance of its schools, a sum exceed- 
ing four thousand dollars, may upon determining so to do by the 
vote of the electors present at any annual school meeting held in 
such school district, have a district board comprising seven 
members w^hich shall be known as the school board of the city, 
'comprising in whole or in part such district, three of whom shall 



22 SCHOOL LAWS OF WISCONSIN, 1899. 

be tlie director, treasurer and clerk, as now provided by law, wbo- 
shall each discharge the separate duties now imposed upon hini 
by law, and shall be elected and hold office for the term now pro- 
vided by law. And all directors, clerk& and treasurers now im 
office in such districts, shall continue in their respective officer 
during the full term for which they were elected. The remain- 
ing four members of such district board, shall be elected as school 
district officers are now required to be elected, at the annual 
school meeting which may adopt this act; two of said four shall 
be elected for the period of one jear and the remaining two for 
the period of two years, and until their successors have been 
elected or appointed. At every succeeding annual school meet- 
ing in such district, there shall be elected in addition to a direc- 
tor, clerk or treasurer, as the case may be, two of such additional 
members of such board who shall hold their office for two years 
and until their successors are elected or appointed. In case of 
vacancies in the said board, such vacancies shall be filled as now 
provided for filling vacancies in district boards. All members 
of said board so elected shall be residents of such school district. 
Such school boards shall exercise all the powers, and discharge 
all the duties now imposed upon the district boards of such dis- 
tricts. Regular meetings of said board shall be held, and special 
meetings thereof may be called upon request of any three mem- 
bers of such board to the clerk, who shall thereupon, at least 
twenty-four hours before such special meeting is held, give writ- 
ten notice thereof to the remaining members of the board. 
This is a new law restricted in its operation. 

Obscene books, literature, papers, and pictures. 

Section 1. (Chapter 128.) "Any person who shall, in a pub- 
lic place, or on any fence or wall,'-^r other surface, contiguous to 
the public street or highway, or on the floor, or ceiling, or on the 
inner or outer wall, closet, room, passage, hall, or any part of any 
hotel, inn, or tavern, court house, church, school, station house, 
depot for freight or passengers, capitol or other buildings de- 



SCHOOL LAWS OF WISCONSIN, 1899. 23. 

voted or open to other or like public uses, or on tlie walls of any- 
outbuildings, or other structure pertaining thereto, make or cause 
to be made any obscene drawing or picture or obscene or inde- 
cent writing, or print, liable to be seen by others passing, or com- 
ing near the same, such person so offending, shall in every such. 
case, be guilty of a misdemeanor, and, on conviction thereof, 
shall be punished by imprisonment in the county jail not to ex- 
ceed one year or by fine not exceeding five hundred dollars. 

"Any person or persons, who shall put up, in any public place,, 
any indecent, lewd or obscene picture or character^ representing 
the human form in a nude or semi-nude condition, or shall ad- 
vertise by circulars or posters any indecent, lewd or immoral 
show, play or representation, shall be deemed guilty of a misde- 
meanor, and, on conviction thereof, shall be fined not less than. 
twenty-five dollars, nor more than three hundred dollars; pro- 
vided, that nothing in this act shall be construed as to interf ere- 
with purely scientific works, written on the subject of sexual 
physiology or works of art." 

This is an amendment to section 4590, of the Wisconsin statutes. 

School officers should take especial care to inform pupils of the force- 
and effect of this law. Much serious difficulty and expensive litigation 
may be easily avoided by so doing. 

It is the duty of every school board to see that the directions given, 
in the above law are made generally known to school children. 

Joint resolution 

Proposing an amendment to Section 1 of Article 10 of the- 
constitution of the state of Wisconsin relating to education. 

Resolved by the Senate, the Assembly concurring. That Sec- 
tion one of Article ten of the constitution of the state of Wiscon- 
sin be amended so as to read as follows : 

Section 1. The supervision of public instruction shall be 
vested in a state superintendent and such other officers as the 
legislature shall^ direct; and their qualifications, powers, duties, 
and compensation shall be prescribed by law. The state super- 
intendent shall be chosen by the qualified electors of the state at; 



24 SCHOOL LAWS OF WISCONSIN, 1899. 

the same time and in tlie same manner as members of the su- 
preme court, and shall hold his office for four years from the 
succeeding first Monday in July. The state superintendent 
€hosen at the general election in JSTovember, 1902, shall hold and 
continue in his office until the first Monday in July, 1905, and 
his successor shall be chosen at the time of the judicial election 
in April 1905. The term of office, time and manner of elect- 
ing or appointing all other officers of supervision of public in- 
struction shall be fixed by law. 

The effect of changing the election to the spring and extending the 
ierm will be to remove the office of state superintendent as far as pos- 
sible from the influences of partisan politics and to place it upon the 
same basis as judicial offices. 

The change in the date of beginning the term will obviate a serious 
■difficulty which now appears at every change of administration. The 
newly elected officer finds it impossible to prepare and have printed 
^nd issued oji time, the Library List, Arbor Day Annual, and Memorial 
Day Annual; whereas if he entered upon the discharge of his duties 
July 1, no such delay would occur. That date is also the beginning of 
the school year; each term would close at the end of a school year, 
"thus making the records in the superintendent's office co-term'inous 
with the records of the school year throughout the state. 

This proposed amendment to the constitution provides for the elec- 
tion of the state superintendent of public instruction at the time of 
the judicial or spring- election instead of at the general election in 
November when all other state officers are elected. The object of 
this is to as far as possible remove the office of state superintendent 
Jrom the influences of partisan politics. 



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